The following article was first published in the Mint newspaper on 23rd April, 2022. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.
I have a query regarding a gift deed. My father-in-law wants to gift his flat to my wife vide gift deed, but he stays abroad. Can he execute the gift deed in the Indian embassy over there?
The other option is he has already registered a power of attorney in his son’s name to sell the property, so can his son come to India and execute the gift deed?
– Name withheld on request
For the gift deed to be effective in India, the same will have to be stamped and registered in India. Since your father-in-law is residing abroad, he can consider executing a power of attorney before the local embassy overseas for appointing a trustworthy representative who can carry out the execution and registration of such gift deed in favour of his daughter in India, on his behalf. It is advisable that your father-in-law liaises with the local embassy to ascertain the process of executing such power of attorney.
As regards the other option, assuming that his son has the power to execute an instrument of transfer/sale/gift under the power of attorney registered in India, such a son can execute and register the gift deed in India on his behalf.