Gift deed by power of attorney

Sashi Kumar (Querist) 09 January 2015 This query is : Resolved
Please advice.

Can one NRI gift property to another NRI using Notarized Power of Attorney? They both are blood relative.

Both party will be using power of attorney for the transaction.

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Isaac Gabriel (Expert) 09 January 2015
It could be done by registered gift deeds.Notarised transfer is not a valid one.

Shailesh Kr. Shah (Expert) 10 January 2015
power of attorney must be registered one for transaction of immovable property.

T. Kalaiselvan, Advocate Online

(Expert) 15 January 2015
Notarized power of attorney of transfer of property or gift deed is not valid.

bhagwat patil (Expert) 22 January 2015
A NRI needs to sign the power of attorney before a consulate officer or a notary in the country of his residence. The signature on the deed has to be attested by the consulate officer or notary. He needs to sign all pages of the deed. It then needs to be sent to India and should be presented for adjudication within three months. before the sub registrar of the area either the property is situated or the residential adress of the POA holderAdjudication is a method of paying proper stamp duty for a power of attorney.Rs 100 for blood relative.

Sashi Kumar (Querist) 23 January 2015
Thanks Bhagwat Patil.

So if the property is in UP and the POA holder's residential address is in Delhi.
Can the POA be adjudicated from Delhi?

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