Can a present deed be executed in India on behalf of somebody who stays overseas?

I’ve a question concerning a present deed. My father-in-law desires to present his flat to my spouse vide present deed, however he stays overseas. Can he execute the present deed within the Indian embassy over there?

The different choice is he has already registered an influence of lawyer in his son’s identify to promote the property, so can his son come to India and execute the present deed?

– Name withheld

For the present deed to be efficient in India, the identical should be stamped and registered in India. Since your father-in-law is residing overseas, he can take into account executing an influence of lawyer earlier than the native embassy abroad for appointing a reliable consultant who can perform the execution and registration of such present deed in favour of his daughter in India, on his behalf. It is advisable that your father-in-law liaises with the native embassy to establish the method of executing such energy of lawyer.

As regards the opposite choice, assuming that his son has the ability to execute an instrument of switch/sale/present underneath the ability of lawyer registered in India, such a son can execute and register the present deed in India on his behalf.

The question was answered by Rishabh Shroff, companion & co-head, non-public consumer, Cyril Amarchand Mangaldas. 

(Queries and views at mintmoney@livemint.com.)

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