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Raja (Advocate)     28 August 2018

Staying in us need to trasfer property

Hi Expert help required.

Me and  my wife staying in America, i have three property i need to trasfer all three property to my wife name, how can i trasfer all three propoerty to my wife name from america, is there any provision i can prepare POA to my wife  here only and so that she can move to india and trasfer to her name.

She will be leaving from america very soon, but i am not in situation to move to india.

 



Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     28 August 2018

Dear querist,

You need visit India once to do needful. Property cannot be transferred from America.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

SOLOMON.RAJ (advocate/director)     30 August 2018

dear Prasad,

To make it simple without you visiting india thete is only one solution .

Assuming that you execute a General Power of Attorney in favour of some one here in INDIA who can execute on your behalf and transfer but even to execute it you need to be present.

Hence please execute a Special power of attorney in favour of some body from your family who.lives in.india so you dont need to come and that by virtue of SPA he can carry on the transfer on to your wifes name without you coming to India.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Raja (Advocate)     30 August 2018

Is this right way to do the POA kindly advice

What if you are outside India?

If you are settled abroad and won't be able to visit India in the near future, you may execute a POA from the country of your domicile through the Indian Embassy/ Consulate. There are two ways to execute a POA from abroad:

Legalisation: In this case, signatures of the notary or judge before whom the POA is executed are required to be authenticated by the duly accredited representative of the Indian Embassy/Consulate. According to Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarising a deed from an authorised officer of the Indian Consulate/Embassy would be considered a valid notary. Such a POA is not required to be stamped at the time of execution. However, it needs to be stamped within three months from the date of receipt of the POA in India. Stamp duty would be payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the deed is presented for registration in India.

Raja (Advocate)     30 August 2018

Dear Solomon Sir , below is the right kindly advice

What if you are outside India?

If you are settled abroad and won't be able to visit India in the near future, you may execute a POA from the country of your domicile through the Indian Embassy/ Consulate. There are two ways to execute a POA from abroad:

Legalisation: In this case, signatures of the notary or judge before whom the POA is executed are required to be authenticated by the duly accredited representative of the Indian Embassy/Consulate. According to Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarising a deed from an authorised officer of the Indian Consulate/Embassy would be considered a valid notary. Such a POA is not required to be stamped at the time of execution. However, it needs to be stamped within three months from the date of receipt of the POA in India. Stamp duty would be payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the deed is presented for registration in India.


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