Gifting property is a meaningful way to express love and support for your children, especially when it involves a valuable asset like immovable property. However, when the recipient is a Non-Resident Indian (NRI), the process involves specific legal formalities that vary depending on whether the NRI is physically present in India during the registration of the gift deed.
In this article, we outline the procedures for both scenarios:
When the NRI Daughter is Present in India for Registration
If your NRI daughter is physically present in India, the process is straightforward. Below are the necessary steps:
Step 1: Collect Required Documents
Ensure the following documents are available:
- Donor’s registered title deed (sale deed, gift deed, partition deed, release deed, etc.)
- Latest property tax paid receipt
- eKhata
- PAN cards of both donor and donee (you and your daughter)
Step 2: Draft the Gift Deed
Prepare the gift deed draft with legal assistance if needed.
Print the draft on document paper. The draft looks like image below
Step 3: Pay Applicable Government Fees
The applicable charges for gift deed registration typically include:
- Stamp Duty: ₹5,150
- Registration Fee: ₹1,000
- Cess on Stamp Duty: ₹500
- Scanning Fee: Approx. ₹450
Step 4: Registration:
Donor and Donee must carry following documents to sub-registrar office for gift deed registration
- Donor’s registered deed
- Tax paid receipt
- Khata
- Printed gift deed (to be registered)
- Payment Receipt (Government fee payment)
- Donor’s & Donee’s PAN
At the sub-registrar’s office:
- Thumb impressions and webcam photographs of Donor and Donee are taken
- Thumb impressions of two witnesses are taken
This completes the registration when your NRI daughter is physically present in India.
When the NRI Daughter is Not Present in India
If your daughter is not able to travel to India, she can still receive the property through a Power of Attorney (PoA) executed in your favor. Here’s how:
Step 1: Obtain a Power of Attorney
To obtain a PoA from your NRI daughter:
- Draft the Power of Attorney document.
- Your daughter should print the draft on A4-size paper.
- Get the PoA notarized in her country of residence.
- Send the original notarized PoA to you in India.
- You must adjudicate the PoA at the District Registrar’s office where the property is located.
The draft POA looks like the below image
Step 2: Collect Required Documents
Gather the following:
- Donor’s registered title deed
- Latest tax paid receipt
- eKhata
- PAN cards of both donor and donee
- Power of Attorney document (adjudicated)
Step 3: Draft the Gift Deed
Prepare the gift deed as per legal standards
Print the final draft on document paper or bond paper. The draft looks like image below
Step 4: Pay Applicable Government Fees
Fees remain the same:
- Stamp Duty: ₹5,150
- Registration Fee: ₹1,000
- Cess on Stamp Duty: ₹500
- Scanning Fee: Approx. ₹450
Step 5: Register the Gift Deed
The donor must visit the sub-registrar’s office with:
- Registered title deed
- Tax paid receipt
- eKhata
- Printed gift deed
- Adjudicated Power of Attorney
- PAN cards
- Payment receipts
At the sub-registrar’s office:
- Thumb impressions and webcam photographs will be taken
- You (the donor) will sign the deed both as the donor and on behalf of your daughter (as donee)
- Two witnesses signs
This completes the gift deed registration without your daughter’s physical presence in India.
Need Assistance?
We provide end-to-end assistance for:
- Drafting and executing Power of Attorney
- Gift deed drafting and registration
📧 Contact Us: pgnproperties@gmail.com
📱 WhatsApp: +91-9742479020