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Can NRI gift property to brother?

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PGN Property Management PGN Property Management, Real Estate & Documentation Consultant with 21+ years of experience verified
Answered on August 24,2023

Yes, NRI can gift property to brother

NRI have two main advantage:

  • The cost of transfer is just Rs.7150 (the cost is same for residential and non-residential Indian)
  • TDS of 20.8% - 23.92% of property value is not applicable in gift deed transfer to brother (whereas TDS is applicable for conveyance deed)

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ABBREVATION: (we will be using these short forms in below)

  • POA : Power of Attorney
  • DRO - District Registrar office
  • OCI - Overseas citizen of India
  • SRO - Sub-Registrar office

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CONTEXT:

  • NRI is not present in India for execution of gift deed, grands POA to brother
  • With the power of attorney, brother executes gift deed to self

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NRI can follow below steps to grand POA to brother from abroad:

Step 1: Draft the POA in word document

Step 2: Print the POA draft on A4 size paper

Step 3: NRI signs the POA at all pages. Two witnesses signs at last page of POA

Step 4: Gets the POA attested from notary public or Indian embassy in country of your resident

Step 5: Self attest OCI photocopy

Step 6 : Courier the attested POA and self attested OCI to brother in India.

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In India, brother can follow below steps to adjudicate the POA:

Step 1: Brother should carry the following documents to DRO for adjudication of POA

  • POA and self attested OCI which came from abroad
  • Photocopy of brother’s aadhaar
  • Request letter addressing to DRO for adjudication of POA, request letter signed by brother
  • Stamp Duty payment of Rs. 200

Step 2: Brother submits the above listed documents in DRO, in the jurisdiction of property location

Step 3: DRO adjudicate the POA within a day and hand back to brother

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Brother can follow below steps to execute GIFT Deed:

Step 1: Draft the gift deed with the help of advocate

Step 2: Get the appointment from SRO for gift deed registration

Step 3: Print the gift deed draft on document paper

Step 4: Brother carry following documents to SRO for registration of gift deed

  • Sale deed of property which the NRI acquired
  • Tax receipt
  • Khata
  • POA
  • Gift Deed (to be registered)
  • Stamp Duty & Registration fee payment receipt (Challan)

Step 5: In SRO, brother presents the above listed documents

Step 6: Brother signs the gift deed on behalf of NRI (Donor) and brother sign again for himself (as Donee).

Similarly brother gives thumb impression & webcam photo on behalf of NRI (Donor) and again himself (as Donee).

Step 7: SRO scans the gift deed for digital record and hand over the hard copy to brother.

This completes the procedure

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Total expense for gift deed registration: (subject to Karnataka):

  • Stamp Duty: Rs. 5150
  • Registration fee: Rs. 1000
  • Cess: Rs. 500
  • Scanning fee : Rs. 500 (approx.)

Total Rs.7150

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We provide assistance to execute POA and gift deed. To opt for our service, please WhatsApp to + 9 1 - 9 7 4 2 4 7 9 0 2 0.

Thank you for reading…

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