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Transfering property in india from abroad

I bought a house in gujarat couple of years which is self acquired property by me now i want to transfer the ownership to my son who also resides abroad along with me. How do i do this ? Is it possible to transfer ownership without visiting india as all of us reside in United States. I would appreciate ur help in this matter ?



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 6 Replies

Anish Thakur 7018812737 (advocate)     06 July 2012

yes you can transfer ownership in your sons name .

its possible to transfer the property without visiting to india by mean of special power of attorney if you had given to someone

if not then there are some crook methods to transfer the ownership but it will not transfer fully the tittle to your sond name unless you give statement

call on 9459321520 between 1-2 pm indian time

Hemang (Advocate)     07 July 2012

Either execute a registered deed conveying the ownership, or gift out the same, as ultimately the ownership is intended to be given away. Perhaps, same duty rate is involved in the gift deed. Take care of "gift tax" from the view point of Income Tax. Provide the power of attorney to persons of your confidence and execute the deed. 

 

As it is a transaction between the family members, there may not be any question of fraud. Otherwise, the Supreme Court had previously laid down that since the properties are undervalued and kept only on power of attorney, or an agreement to sale, the Supreme Court in that context said that "it does not convey the ownership". 

 

MADURAI LAWYER (LEGAL CONSULTANT)     07 July 2012

Dear Sir,

Both you and your son can execute a special power of attorney in favour of two different persons living in India for the purpose of the transaction and the stated transaction will have to be registered in the sub registrar's office where the immovable property is situated. Now the property will stand transferred in your son's name while both of you are still in United States.

 

https://www.jeevaganadvocate.com/contact.php

Sanyam Malhotra (Advocate)     07 July 2012

sale can be made through GPA/SPA but conveyancing is a must. sale deed is required to be reigstered on payment of stamp & other charges

BABULU (NA)     07 July 2012

It is better to get a settlement deed prepared from your local area on minimum stamppaper and sign it in U.S.A and also send a special power of attorney to any one of your relative to present the sale deed and register before the Registering authority in your local area. On behalf of your son also some body can represent before the registering authority i.e., Sub-Registrar. Your son can execute the power of attorneyget it attested by the Notary in US and send the same to India and the same can be validated by paying the necessary fee before the District Registrar. If you follow this procedure you can save lot of stamp duty. For sale stamp duty is more. This procedure is in accordance with the Hon'ble Supreme Court Judgement. If you have any doubt you can call on my US NO:2155589287(please follow indian timings)

Shailesh Kumar Shah (Advocate)     07 July 2012

Just execute will at USA.


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