SATYAJEET (Professor) 12 June 2013

A nri wants to "gift" transfer title of ancestral property

Sir/Madam,

A NRI wants to transfer title of,or Gift his share of paternal property to one of the siblings (male, aged 43 years, Hindu, resident of Bihar & property {agriculture land} in Bihar) of his one of his brothers. NRI has been frequenting India regularly since he had left, but now, he has grown old and is currently not in a condition to come down to India, but is willing to cooperate in all possible ways to execute his will. My question & worry is:

1. Which is the best convenient, cheapest, undisputable way to go for it?

2. Can other siblings of his brothers claim on the said property once it has been gifted/ deed signed in the name of the person he wants to gift in any future time period?

3. How can he exdecute his wish while he is not in India currently?

I shall be grateful to you intellectuals for your benevolent guidance and suggestions. I thank you in advance.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 June 2013

Anyone competent to enter into a contract can make a Will. He can distribute his assets, including property, shares, cash, jewellery etc as he wishes. A Will can be written on a plain paper. Ideally, it should be written in simple and clear terms.

A Will need not be registered. In case you want it registered, it has to be done in the office of the sub-registrar. The chance of a dispute is lesser as registration adds to the authenticity of the Will.

A Will takes effect only after the death of the person making it. It has no effect while the person is still alive. It can be changed or cancelled by the person making it.

bhagwat patil (Property due diligence 9422773303) 12 June 2013

If NRI wants to gift just now he can sign a POA before consulte of India at his town,send the papers to India and the blood relative of the NRI in whose name the POA is made accept before sub registrar of the area.thus he is authorized to gift,sale or dispose the property whatever mentioned in the POA.Nobody can object the validity of the document.

SATYAJEET (Professor) 13 June 2013

I heartily thank you for your suggestions. I shall suggest the same to my paternal uncle who wishes to know the ways to gift the portion of his property he owns in India to one of his nephews. Thanks again!