Immovable property needs to be gifted by my wife

Dear Client,
Donee's staying abroad can execute a Special Power of Attorney (SPA) in favour of their father to register a gift deed on their behalf in India. While a General Power of Attorney (GPA) grants broad and wide-ranging powers to an appointed person to act on behalf of the principal, a Special Power of Attorney (SPA) offers a more specific and limited approach. This type of POA empowers the attorney to handle specific, clearly defined tasks on behalf of the principal. In India, a Special Power of Attorney (SPA) is a safer, more controlled, and legally sound choice over the broad authority of a General Power of Attorney (GPA) ) because a SPA is terminated either after the specific act is completed or if revoked by the principal. While a GPA can grant the holder the authority to manage the property, it does not confer ownership rights. The Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana (2011) ruled that GPA-based property transactions do not automatically transfer ownership or title unless they are backed by an SPA or proper registration. A person who stays abroad can execute a General Power of Attorney(GPA)/Special Power of Attorney(SPA) abroad, but the process is slightly different. His/her first step is to visit the Indian Embassy or Consulate of the concerned country. They will notarize the GPA/SPA for him/her. Depending on the country, he or she needs to get the GPA/SPA apostille. This is an international certification comparable to notarization that confirms the authenticity of a document for use in another country that is a member of the Hague Convention. Once notarized and apostille, he/she shall send the GPA/SPA to India. According to the Ministry of External Affairs, GOI, all GPAs/SPAs executed outside India must be consularized by the respective Consulate. This adds an extra layer of verification and is mandatory for the GPA/SPA to be valid in India. As per Section 17 of the Registration Act, 1908, the transfer of immovable property of a value Rs.100 and above through instruments like a Power of Attorney requires mandatory registration of the instruments to make the transfer legally valid and enforceable. So, a GPA/SPA executed abroad needs to be registered by the constituted attorney at the local sub-registrar office having jurisdiction over the property/subject matter to enable the SPA holder to present and sign the gift deed for registration on the donee's behalf, making the property transfer valid under Indian law.