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Balvinder kaur (Owner)     20 December 2012

Gift deed poa

My father-in-law wants to gift me his house in Dehradun, Uttrakhand. We both are NRI and can not travel to India. He will give POA to his brother in India to register the Gift deed. He will also get the deed and POA Apostle form Indian embassy. My question is

1) Do I (the donee) need to be physically present at the sub registrar office to accept the Gift deed. or
2) Can I (the donee) give POA to some one in India to register the deed on my behalf.
3) Does the registration fee needs to be paid at the sub registrar office or in a bank. What is the procedure?

Please advice.



Learning

 4 Replies

Goutam Prasad (Advocate)     20 December 2012

It is advisavle to have gift deed executed in the country you are now. For the same your advocate in India can draft gift deed, which you can have printed at your place and get signatures of all concerned parties. The same should be then notarised at Indian Emabassy.

Thereafter, you both can appoint POA, who may appear for registration of gift deed.

As far as stamp duty is concerned, the same can be obtained from treasurery of the place where property is situated.

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dr g balakrishnan (advocate/counsel supreme court)     20 December 2012

it is preferable both present at sub registrar office as there may be some objections from sub registrar side due to any reason, so it is vitl those impediments then and there is settled.when a good gift is there better travel instead of POA is my view.. regards. dr g balakrishnan rapidanalysts@gmail.com

dr g balakrishnan (advocate/counsel supreme court)     20 December 2012

after all every day every state comes with wiered statutes so it is wise to settle ar sub registrar relevant lest you get into trouble at a latter date when donor is no longer avalable.

Balvinder kaur (Owner)     21 December 2012

Does the POA need to be registered in India also.

Does the gift deed need to be on stamp paper or regular plain paper.

How much the stamp paper need to be for.


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