Gift property to parents

The former advise is a better one.

1. Execute a General Power of Attorney in favour of someone (other than your Parents) who you could trust.
2. Notarize it at your Domicile.
3. Send it to India and make sure it is registered in Book IV.
4. Ask your Power Agent to execute a Gift Deed in favour of your Parents.
5. Ask your Parents to execute a Will in your favour and register the same as well.

Step 5 is to ensure that the Property devolves back to you in the event of your Parents' demise.  Failure to comply that step would result in the Title of property being shared by all surviving legal heirs.

If you do as aforementioned, your Parents could not be kicked out no matter whatsoever happens.  But be aware that your Parents shall have absolute ownership over the Property and do with the property as they please and there is nothing you could do about it.

Hello Sir

Thanks for your reply. I would like to know the following:

1. What is Book IV, and registration of Power of Attorney in the Book IV.

2. Should my parents register the will (or) just write and keep it with them and give me a copy. Because, We would like to keep the will confidential, and the will registration would get revealed public when someone requests a EC on the property. What are the advantages and disadvantages of registering a will. Also, can my parents cancel the will anytime when they are alive?

3. Assuming we continue to keep the property on my name: It's my property bought using my hard earned money. Currently, If my wife seeks a divorce, what kind of claims can she make on this property. Can she make claim a share on this property?

Dear Sir,

1. What I supposedly wanted to say was that your notarized Power of Attorney is valid only after Registration.  Need not go too deep into procedural aspects and details. Your Advocate and the concerned Registrar will take care of it.
2. You need not register the "Will", it is optional.  Please take notice that even if the "Will" is registered, it would not reflect in EC normally.  I cannot discuss the advantages & disadvantages since it is a wide subject.  And YES, your Parents can Cancel the "Will" anytime when they are alive.
3. Assuming as aforementioned, your wife cannot claim share on this property.  But do not get your hopes high.  There are for worse scenarios that you had failed to assume.

I strongly advise that you contact your Advocate (particularly someone who knows you/your family well) in person or by Phone and act according to his/her advise.  That would be more effective and problem solving.

Thanks for the details. My father has already contacted the lawyers and preparing the documentation. I wanted to check with someone in this forum to know what are the possible scenarios and how to mitigate them.

Would like to keep you posted and discuss the results. I will. 

Thanks again.

Have couple of questions..

I have another property (a flat) which I bought after marriage. I'm paying the loan and yet to pay off the mortgage.

What's the general law about wife's share and claim on a husband's property bought before and after marriage?

If my wife looks for a divorce, can she claim anything on that.