I have a property in Bangalore. How can I gift my property to my NRI daughter?

Gifts are one of the best ways to express your love to your child

When we gift immovable property to NRI, the procedure is quite different if NRI is physically present in India for registration or not able to present.

Let me describe this answer in two ways

1. NRI present in India for registration
2. NRI not present in India for registration

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1. NRI present in India for registration

If your NRI daughter is present in India for registration of gift deed, follow the below steps

Step 1: Should have following documents for gift deed registration

• Donor’s registered deed (donor’s sale deed, gift deed, partition deed, release deed, etc..)
• Tax paid receipt
• Khata
• Donor’s & Donee’s PAN

Step 2: Prepare the gift deed draft. The draft looks like below image

Print the draft on document paper or bond paper. 

Step 3: Below are government fees. Pay these fees and obtain the K2 challan

• Stamp Duty: Rs. 5150
• Registration Fee: Rs. 1000
• Cess on Stamp: Rs. 500
• Scanning Fee: Rs. 450 (approx)

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

In sub-registrar office,

• Officer takes thumb impression, webcam photo of donor and donee
• Donor and donee signs the gift deed

This completes the procedure to gift a property to NRI daughter if your daughter is present in India for registration.

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2. NRI not present in India for registration

If your NRI daughter is not present in India for registration of gift deed, your daughter can give power of attorney to you so you can register the gift deed on behalf of your daughter (You will sign the gift deed as donor and on behalf of your daughter as donee). 

Step 1: Power of Attorney:

Follow below procedure to get Power of Attorney from your NRI daughter

Draft the Power of Attorney, draft looks like below images

• Daughter should print the draft on A4 size paper
• Daughter should get the POA notarized in the country where she lives now
• Daughter should send the POA to you in India
• You should adjudicate the POA in District registrar's office, in the jurisdiction where the property is located

Step 2: Should have following documents for gift deed registration

• Donor’s registered deed (donor’s sale deed, gift deed, partition deed, release deed, etc..)
• Tax paid receipt
• Khata
• Donor’s & Donee’s PAN
• Power of Attorney

Step 3: Prepare the gift deed draft. The draft looks like below image

Print the draft on document paper or bond paper

Step 4: Below are government fees. Pay these fees and obtain the payment receipt

• Stamp Duty: Rs. 5150
• Registration Fee: Rs. 1000
• Cess on Stamp: Rs. 500
• Scanning Fee; Rs. 450 (approx)

Step 5: Registration:

Donor should carry following documents to sub-registrar office for gift deed registration

• Donor’s registered deed
• Tax paid receipt
• Khata
• Power of Attorney
• Printed gift deed (to be registered)
• Payment Receipt (Government fee payment)
• Donor’s & Donee’s PAN

In sub-registrar office,

• Officer takes thumb impressions, webcam photos of you
• You sign the gift deed as donor and on behalf of your daughter as donee (you sign for both donor and donee)

This completes the procedure to gift the property to NRI daughter without her physical presence.

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