Diwakar 05 July 2018

Gift of property from out of india

How can a person who is presently residing out of India gift a property to his brother/mother without actually coming to India? The property is located in the state of west bengal?

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9 Replies

Adv Deepak Joshi +917017821512 (Advocate) 05 July 2018

No he cannot make such gift deed, he need to come to India for making gift deed, witness should be Indians.

All the law concerning to gift are valid for Indian citizen in Indian territories not outside India.

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Diwakar Prasad 05 July 2018

what if instead of gifting they decide to sale the property to brother/ mother

Diwakar 05 July 2018

What if instead of gifting the property brother decide to sell the property to brother/ mother.

Diwakar 05 July 2018

What if instead of gifting the property brother decide to sell the property to brother/ mother.

Diwakar 05 July 2018

What if instead of gifting the property brother decide to sell the property to brother/ mother.

Adv Deepak Joshi +917017821512 (Advocate) 05 July 2018

Why they will decide to sell to mother/brother, as sale comes with additional cost which more than that of gift deed.

For sale buyer and seller should be present at sub register office for sighing sale deed, else sale is invalid.

Diwakar 05 July 2018

They are ready to incurr additional cost as because they need to mortgage the property and get the house built. And the transferor cannot come India

Diwakar 05 July 2018

They are ready to incurr additional cost as because they need to mortgage the property and get the house built. And the transferor cannot come India in short time. Is there any other way out through power of attorney or any thing else if they send it from overseas through post etc.