Tichra (Owner) 23 February 2022

Transfer my share to my mother

Hi Team

I have acquired a foreign nationality. I had a joint property with my mother.

Since, I acquired a foreign citizenship (and renunciate Indian citizenship), I don't want that Indian property to be part of my portfolio and transfer the entire rights to my mother.

I am not residing in INDIA for a while as well and may not be in the position to travel to India in near future.

I have been given contradictory advise by locals that, what I can or cannot do. Hence, thought of reaching out to genius and expert minds.

Can I give Power of Attorney (GPA or SPA) to my father and he can execute the transfer of entire shares in the property to my mother? Is that possible and legal and acceptable in Haryana? Can mutation then be done on my mother's name solely with the MCG?

Aforesaid property is in Gurgaon (Haryana).

Appreciate the guidance from the experts here and that will help me formulate the next steps.

Regards

Archit

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7 Replies

Chetan Gupta 23 February 2022

yes you can give general power of attorney to your father that will act upon your behalf or on the part of your act

Himani Chouhan (Advocate) 23 February 2022

You need not to come India for that, you can send a duly signed and proper power of attorney from your resident countery to India and the rest legal procedural part can be conducted and done by Your parents in India. For further disucssion you can contact.

Tichra (Owner) 23 February 2022

Thanks Himani. Does it mean, that my father can then execute the Transfer deed to my mother,to make her the 100% ownership of the property.

What will be the best way to reach out to you?

Himani Chouhan (Advocate) 23 February 2022

Please check your inbox (lawyersclub)

i have shared by contact detials

Palak batra 23 February 2022

Dear Querist,

As per the transfer of property act , ownership in immovable property can be transferred effectively through a duly stamped and registered conveyance deed otherwise it won't be a valid transfer.

It can be either be a gift deed or a relinquishment deed or a sale deed ( for which payment of sale consideration is required to be shown )

The only way to avoid payment of stamp duty on registration of a deed is to make a" memorandum of record" of a family settlement between mother and son ( if a family settlement that has orally taken place at an earlier point in time and it then later recorded into writing is termed a memorandum of record of family settlement ) .

Show the share of the son to have been transfered to the mother in the " memorandum " and obtain a decree of declaration on the basis of the memorandum . Such a decree will create ownership of mother on the share of son and does not require to be registered .

Regards,

Palak

Tichra (Owner) 24 February 2022

Thanks Palak ji.

Can I not, execute PoA to my father and then he executes the "transfer" deed to my mother (on my behalf) for no cost. Since it is blood relation, it shouldn't have any stamp duty and there is no money exchanged and hence no impact.

Again, this is for Haryana state.

Regards
Archit

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 February 2022

Your father can do everything with a POA from you. The POA has to be executed on Indian soil. The Indian Embassy in your country of residence is also consiered as Indian soil for this purpose. In the normal course the property can be transferred without consideration only as a gift deed or reliquishment. In either case there will be stamp duty.