Gift deed

D Yehuda (Querist) 15 July 2021 This query is : Resolved
Respected sir,

I read your article or rather a question regarding gift deed, and i had couple of questions, kindly advice

My father in law wants to gift his flat to my wife vide gift deed, but he is abroad, so can he execute the gift deed in the indian embassy over there?
The other option is he has already registered a POA on his sons name to sell the property, so can his son come to india and execute the gift deed?

Kindly advise

Regards

David

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Quick Summary

This discussion explores options for executing a gift deed when the donor is abroad. It clarifies that a gift deed typically requires the donor's personal execution in India, where the property is located. The possibility of executing a gift deed via a Power of Attorney holder is also addressed, with the advice leaning towards executing a will deed as a more suitable alternative in such circumstances.

Dr J C Vashista (Expert) 16 July 2021
The Gift Deed has to be executed by donor (personally) in India, where property is located.

It would be appropriate to consult a local prudent lawyer for proper appreciation of facts and circumstances and professional advise.

Advocate Bhartesh goyal (Expert) 16 July 2021
Yes, Gift deed can't be executed by power of attorney holder. You may execute will deed there.

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