Property transfer by NRI
2 years ago
My brother has a apartment bought by him in Uttam Nagar, Delhi. He now lives in Canada. For some reason I need to register that property in my name with his consent of course. He cannot come to India for the same. How should I proceed?
A.Dear Sir,
You may get Power of Attorney or Release Deed or Gift Deed in your favour and thus change the property in your name. There are so many conditions to change the property but you can get it since you are own brother of the person presiding Abroad.
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You may get Power of Attorney or Release Deed or Gift Deed in your favour and thus change the property in your name. There are so many conditions to change the property but you can get it since you are own brother of the person presiding Abroad.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes you can do so but not directly . Your brother has to give valid Sale power following due processes as is applicable in case of foreign POA in favour of an Indian resident other than you/ your spouse/ children who can execute Sale Deed in registered manner in your favour. Please take note that on the basis of POA given to you by your brother, property purchase cannot be done as per the verdict of the Hon'ble Supreme Court of India.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
NRI can issue a PoA in favour of a local representative, authorizing such person to do certain specified and incidental acts/deeds and things
thank you
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NRI can issue a PoA in favour of a local representative, authorizing such person to do certain specified and incidental acts/deeds and things
thank you
If you find this response useful please rate me.
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Vaidehi Samant
Responded 2 years ago
A.It will not be possible without his presence. He will be required to be present at Sub-Registrar office for registration of such gift deed or sale agreement if you are purchasing for consideration or whatever for his verification otherwise such transfer won't be valid in the law. Thank you.
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A.Dear Sir/ Madam,
The NRI can issue a PoA in favour of a local representative, authorizing such person to do certain specified and incidental acts/deeds and things. Such PoA should be duly notarized by an attorney in the country of the NRI's residence followed by attestation at the nearest Indian consulate in that country. This must be handled by the NRI in his country of residence. Next, the PoA needs to be registered in India (via adjudication process) by paying requisite fees/stamp duty.
If you find this response useful please rate me
The NRI can issue a PoA in favour of a local representative, authorizing such person to do certain specified and incidental acts/deeds and things. Such PoA should be duly notarized by an attorney in the country of the NRI's residence followed by attestation at the nearest Indian consulate in that country. This must be handled by the NRI in his country of residence. Next, the PoA needs to be registered in India (via adjudication process) by paying requisite fees/stamp duty.
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