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kishore veeragandham (specialist)     26 December 2013

Gift deed to family member

I am a NRI and I invested money to build 1 individual House and bought 1 apartment in Andhra Pradesh. . Due to my travel schedule I was not there during the time of registeration and hence registered both House and Apartment on fathers name . now that I want to register House and Apartment in my name through gift deed . I have a sister who is married 10 years ago. Please advice me the necessary clauses to include in the gift deed to make sure in future i should able to sell or build house in the property without any intervention from my parents nor from my sister.

Also can i use Special Power of Atorney for gift deed registration as i am residing in out side of India and unable to attend to registar/sub registar office ?.

Please advise in detail.

Thanks
Kishore
 



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 5 Replies

adv.raghavan (Advocate,9444674980)     26 December 2013

i advice to go for settlement deed instead of gift deed, in this case.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     26 December 2013

Well when a gift is made from father to son, it is a natural gift and you or your father need not worry about any intervention or consent of your sister as gift is completely voluntary decision of the donor. So you need not worry about any special clauses in the instrument. Further when a gift is made and registered, both the parties (donor and the donee) should necessarily present themselves before the Sub-Registrar, so unless you are personally present before the Sub-Registrar, the document cannot be registered. So giving of power of Attorney  to someone will not help.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     26 December 2013

 Advocate Vandanaji is correct,  If necessary get a Separate Consent iDeed from your sister and in tamilnadu for execution and registration of Gift Deed Your presence is not necessary only Donor can present and execute the deed I don't Know where u are from Kindly contact local Lawyer 

T. Kalaiselvan, Advocate (Advocate)     26 December 2013

Basically your question is that whether gifting away your property to your father or sister, do you have any rights over it in the future i.e., whether you will be able to sell or build house in the property without any intervention from the donees (?), if your question is taken in true sense, once you have transferred your property to somebody by way of any registered deed, namely, gift, settlement or sale deed etc., you as a donor/settler/vendor lose all your rights over the property thereafter.  Therefore, if your father who is the present owner and title holder of all the  properties purchased by you and registered on his name, who has got full discretion to dispose the property in the manner and way he desired it to be, may execute a gift or settlement deed in your favor duly registered, after which get all the records including the revenue records transferred in your name and then you will become an absolute owner of the properties,  thereby no one can grab your property or interfere in your possession and enjoyment any time in the future.  You may execute special power of attorney deed in favor of a third person to oversee the arrangements.  

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     26 December 2013

DEAR MR. QUERIST 

                                  WHAT I UNDERSTAND FROM YOUR QUERY IS THAT YOU HAVE PAID THE MONEY FOR THE PROPERTY AND THE APARTMENT TO YOUR FATHER WITH A REQUEST TO REGISTER THE PROPERTY IN HIS NAME AS YOU WANTED TO GO . HOW YOU PAID THE MONEY TO YOUR FATHER . WHETHER IT WAS PAID BY CASH WHEN YOU WERE IN INDIA OR YOU PAID IT AS CHEQUE IN YOUR FATHER'S NAME . KINDLY CLARIFY THIS POINT TO PROCEED FURTHER IN THIS MATTER . THE NEXT MATTER IS DID YOU ACCOUNT THIS MONEY GIVEN TO YOUR FATHER UNDER WHICH HEAD IN YOUR INCOME TAX RETURN FOR THAT FINANCIAL YEAR . SINCE YOUR FATHER , MOTHER AND SISTER ALL ARE ALIVE , YOU CANNOT TRANSFER THE PROPERTY EITHER AS A SETTLEMENT DEED OR A GIFT DEED SINCE NOW IT BELONGS TO YOUR FATHER . IF YOU ARE IN A POSITION TO PROVE THAT YOU HAVE GIVEN THE MONEY TO PURCHASE THE PROPERTY AND IF YOU HAVE ACCOUNTED THAT IN THE INCOME TAX RETURN THEN THERE ARE CHANCES THAT YOU CAN GET THAT PROPERTY AND THAT TOO YOUR MOTHER AND SISTER MUST SIGN THE DEED WITH SOME SPECIAL CLAUSES INCORPORATED IN THE DEED . AS PER THE TRANSFER OF PROPERTY ACT A PERSON WHO WILL INHERIT THE PROPERTY AFTER THE DEMISE OF HIS / HER PARENTS , CANNOT GET EXECUTED ANY DEED FROM HIS / HER PARENTS TO TAKE HOLD OF THE PROPERTY EXCEPT BY A WILL . AND THAT TOO A PORTION OF THE PROPERTY MUST GO TO THE PARENTS TILL THEIR LIFE TIME AND AFTER THAT TO WHOM IT SHOULD GO WILL FIND A PLACE IN THE WILL . SINCE YOUR SISTER IS MARRIED , IT IS NOT THAT EASY TO GET IT FROM YOUR FATHER WITHOUT HER HUSBAND'S CONSENT . YOU PROVIDE MORE DETAILS IN THIS REGARD SO THAT EVERYONE CAN KNOW HOW THAT PROPERTY WAS PURCHASED . YOU ALSO PROVIDE ABOUT YOUR PARENTS FINANCIAL POSITION .- JOSEPH WILFRED - 26/12/2013 AT 3.40 HRS 


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