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Gift deed and nri

Querist : Anonymous (Querist) 10 April 2018 This query is : Resolved 
Hello,
Am Lakshmi and we are residing in New york(NRI) with my husband and child.
My husband(Bala) is to get a house as gift from his brothers.

The house is two portions(front and back) house which is located in Mahabubnagar, Telangana, India.The first elder brother constructed his house in from part facing the road. and the second eldest brother constructed the house in the back of the first house. Both commonly sharing a portion in between their houses as it contains staircases for upper floors.

In the existing document of houses which is registered on both of their names doesn't mention any common area.

Now the second brother is gifting his portion of the property to my husband. but the newly prepared gift deed document copy we received for reviewing includes a common area with staircases and also a common area for entrance to walk to the backside house which we will receive as a gift.

As we are not unable to personally attend for registration, the gift deed prepared has provision for the signature of his elder brothers(donors) only. The document writer mentioned us that my husband signature is not required.

They also sent a General Power of Attorney to appoint my father-in-law as my husband agent to sign any documents if needed.

Please suggest me is GPA really needed for completion of registration. The writer mentioned that special power of attorney is not valid to present. But we are not willing to give GPA.

Please suggest what are our ways to get the property in my husband name without us traveling to India for registration.

Thanks,
Lakshmi


P. Venu (Expert) 11 April 2018
Has the gift deed been registered?
Querist : Anonymous (Querist) 11 April 2018
Gift deed not yet registered, just prepared by writer on 100rs/- stamp paper.
Kumar Doab (Expert) 11 April 2018
The donor may give POA..
Kumar Doab (Expert) 11 April 2018
For the nitty gritties of one plot, second plot, passage etc etc arrange a visit by either some architect to measure sides existing as on date and draw a detailed map that may be pasted on deed...

Kumar Doab (Expert) 11 April 2018
Thereafter let your your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record and worth his/hr salt ...draft the deed for you...........and also advise on stamp, charges etc
Querist : Anonymous (Querist) 11 April 2018
My concern is that the gift deed doesnt have any requirement for my husband signature as donee. Without our signature as donee or the signature of person with POA, In that case is it valid gift deed? will we get complete rights on the property without accepting it? Can it be canceled or revoked by donor anytime?
Ms.Usha Kapoor (Expert) 12 April 2018
Gift deed requires your husband's signature as donee. as donor delivers the property and donee accepts the property On behalf of donee Father in law's signature with 2 witnesses will do.
Ms.Usha Kapoor (Expert) 12 April 2018
As I already said GPA is not necessary. Your Father in law's Signature would suffice.Two witnesses also should put their thumb mark along with signature.
Ms.Usha Kapoor (Expert) 12 April 2018
Your Father in law needs to be made Special Power 0f Attorney.
Querist : Anonymous (Querist) 12 April 2018
Usha Madam, Thank you for the clarification.
Will you be able to provide me the format or sample document for the Special power of attorney? Does SPA can be written in plain paper or needs to be written on stamp paper?
Ms.Usha Kapoor (Expert) 12 April 2018
Please CONTACT ME AT MY EMAIL ADDRESS:
ukapoor405@gmail.com,

Thanks and Regards,
Ms.Usha Kapoor (Expert) 12 July 2018
I stick to my above view.


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