Gift deed from grandmother to grandson living abroad

Rathinjai Chauhan (Querist) 04 May 2021 This query is : Resolved
Hi,

My grandmother wants to gift me an immovable property. However, I live outside of India. Is there a way I can give my mother the power of attorney to act on my behalf. Also, what is the right legal way to do this?

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If your grandmother wishes to gift you an immovable property in India while you reside abroad, you can appoint your mother to accept the gift on your behalf through a Power of Attorney (POA). While you cannot execute the gift deed yourself from abroad, your POA holder can sign it. You will need to get the POA notarised or attested by an Indian embassy official before sending it to India. A representation form under Section 32-A of the Registration Act, 1908, will also be required for the registration process.

Dr J C Vashista (Expert) 05 May 2021
The gift deed has to be registered in presence of both the parties i.e., donor and donee, which can not be executed by an attorney.

Sankaranarayanan (Expert) 05 May 2021
The gift deed can be executed by your grand mother through registered deed .

Asgher Mahdi (Expert) 05 May 2021
Under the provision of law, any gift by the donor has to be accepted by the donee .What you can do it is authorized your agents to accept the gift on your behalf.

J K Agrawal (Expert) 05 May 2021
well advised by Mr Asgher Mahdi.

Advocate Bhartesh goyal (Expert) 05 May 2021
Yes, a gift may be accepted by donee or his duly authorized person.

Pradipta Nath (Expert) 05 May 2021
You may give POA to your Mom to accept the Gift on your behalf and handover the possession after your return. But for registration of the Gift deed you need to be present here in India.

T. Kalaiselvan, Advocate (Expert) 05 May 2021
Since you are residing in a foreign country and would not be able to travel to India to accept the gift and sign the registered gift deed before the concerned sub-registrar, you can authorise someone in India, be it a relative or anyone to accept the gift on your behalf.
For this you can execute a POA deed and get it notarised by a notary public of that country or attested by an official of Indian embassy/high commission, send it back to India to the power agent who will in turn get it adjudicated and sign the registered gift deed on your behalf before the sub-registrar concerned.
The desired task can be completed.

kavksatyanarayana (Expert) 05 May 2021
To obtain a Gift deed, a representation Form under Sec.32-A is sufficient as you are not an executant. You request your family member or a friend to obtain and send you the "representation Form required under Sec.32-A of the Registration Act, 1908. The representation form will be issued by the SR/DW or you can download it on the website of IGR of the State. On the representation Form, you have to affix your photo with signature and thumb impression and write the name of your representative on the form. The representative has to affix his photo also and sign on the representation. This is sufficient.

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