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KPR136 (PA)     03 March 2013

Is my presence mandatory to accept gift deed

Hi,

Currently I am staying in USA and my mother is  living in Andhra Pradesh and she wants to settle down the properties between two sons now so that there won't be any disputes later time.

She wants to transfer the ownership and register the property on our names and thinks that  gift deed is least expensive and most recommended way of transfer of ownership between blood relation. She can prepare the gift deed and register at local registration office. I came to know that I MUST present at the local registration office to accept the gift deed.

As currently I am outside of India and do not have plans to visit India in near future, I wouldl ike to know Is my presence mandatory to accept the gift deed or  can I send my representative who is living in India to local registration office (by sending PA form signed by me) or should i go for general registration by paying regular reigistration fee and use representative. What are my options?

Bottom Line: As we know The acceptance of a Gift by the Donee may be express or implied. Can a representative of donee accept of a gift by doner on behalf of the donee?

Your help is greatly appreciated.

 

 



Learning

 5 Replies

Daksh (Student)     04 March 2013

Dear KPR136,

Your presence is not required for being a recipient of a Gift deed.  It is not necessary that a beneficiary should be present at the time of registration of gift deed.  In so far your identification is concerned for all practical purposes you can go to the Indian Consulate in USA and get the papers affirmed for any practical reason.

Thanks and regards

 

Daksh

Ajit Singh Cheema (practising Advocate)     04 March 2013

Your presence is not mandatory ,you may give power of attorney to some one only for the purpose of acceptance of the gift under reference and getting the gift deed registered ..The Attorney may also be Authorised to get mutation of the property in the revenue records in your favour.

Rajendra Shrivastava (advocate)     04 March 2013

your presence is mandatory as donee of gift deed at registration office according to Section 123 of Transfer of Property Act 1882.

KPR136 (PA)     06 March 2013

Thank you all for your replies. However I am more confused now as I got quite contradictory advises from you.

If my presence is mandatory to accept the gift deed could you exactly tell me when my presence is requried and Do I need to sign any document at registration office to accept the gift deed and then pay the registration charges.

Can my mother execute the gift deed and register without my presence and then I will accept the gift and sign the document in registration office and pay registration charges when I will be visiting India in future?

and Also Can I give special power of attorney to my agent in Andhra Pradesh to accept the gift and complete registration on behalf of me?

Daksh (Student)     09 March 2013

Dear KPR 136,

You are well within your rights to execute a Special Power of Attorney in favour of your agent who can be fully entitled to do the needful i.e. accept the gift on your behalf and remit registration charges on your behalf.

Best regards

 

Daksh

 

 

 


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