Transfer of property to only one doughter

aruna (Querist) 30 September 2014 This query is : Resolved
Hi,
I am buying a house in Navi mumbai.My mother will stay in that.
as currently i am not staying in India and not able to go there for this reason.
And also i am not able to make Power of Attorney in Jordan because here i m not able to get any stamp paper.
So i have only option to ask my mother to buy that property in India.

I have one elder sister.
Now my query is that will my mother able to transfer same property to my name in future?

Will there be any issue create in future that my elder sister also should get same part from this property?

Plz help me in this matter urgent.

Follow Query

Report Abuse

Anirudh (Expert) 30 September 2014
It is not necessary that the General Power of Attorney in favour of mother to represent you in the purchase transaction should be in Indian Stamp Paper. In fact, you can get a power of attorney drafted and printed in plain paper, get it authenticated by Indian Mission in Jordan and then send it to India. In India, necessary stamp duty can be paid separately linking the GPA. Please ensure that the property is purchased in your name right at the beginning (not first in your mother's name and subsequently getting it transferred to your name. If you do so, it will land in problem like (i) your sister may stake a claim for a share in the property which is in your mother's name; (ii) at the time of transfer in your favour huge stamp duty may have to be paid.)

Get the Purchase Deed (in fact it is SALE/CONVEYANCE DEED) drafted showing you as the buyer, through your Power of Attorney i.e. your mother.

Anirudh (Expert) 30 September 2014
Please also note, as a buyer, if the value of the property is over Rs. 50 lakhs, then you are liable to deduct TDS at 1% from the sale consideration and pay only the balance i.e. 99% to the seller. The 1% which you deduct should be remitted promptly to the Government. Non-deduction of 1% TDS will land you in problem with the Income Tax Department.

Rajendra K Goyal (Expert) 30 September 2014
Agree with the expert.

aruna (Querist) 01 October 2014
Thanks for your response. I will check for power of attorney process here in indian embassy tomorrow.

I was just checking for POA option on few other websites and found that General power of attorney is not valid in india now� we need to have special power of attorney for doing just purchase of specified property. Is it true? Can you please help me with specific format for attorney letter?

What if registerar does not accept POA on plain paper and ask for it on stamp paper only? Please suggest.

Thanks�
Aruna

Anirudh (Expert) 01 October 2014
For buying there should not be any problem if only GPA is given. However, you can even give SPA to avoid any last minute hitch on this score.

As regards stamp paper, you can ask somebody to purchase electronic stamp paper from your State (in India) indicating your name, purpose (say SPA) etc. and keep ready. When the SPA in white paper comes in from you duly authenticated by the Indian Mission, that can be attached to the already purchased stamp paper. In the stamp paper, it is enough if it is written that the authenticated SPA from Jordan is attached. That should be enough.