503. Transfer property in India

ownership from husband to wife . . .

Question: Dear Sir, My father and mother emigrated from India to the US in 2004. They are currently green card holders. They have a house in India which is in my father’s name. My father would like to transfer the house to my mother. What is the process to transfer the house in India to my mother? What documents are required?. Can the Indian consulate facilitate this process?. I would appreciate your reply. Regards, Parmesh Answer: As the house in question is located in India, the transfer process has to be done in India. To ensure a legal transfer, the transfer should be done following the Registration Act, 1908. The property transfer has to be registered in the Sub Registrar Office applicable to the area where the property is located in India. Documents required would be the proof of ownership. The registration details of the property in your fathers name etc. Stamp duty and Registration fee may be applicable. A local lawyer would be able to help in this regard and guide you accordingly. As far as help from the Indian consulate is concerned, I doubt if they can help other than attestation of documents such as Power of Attorney etc. However do check with your nearest Indian consulate for any other help they may offer in such matters.

Saving Money on Property

Registration

Currently, as the Registration Act 1908 does not require registration of Power of Attorney. In an effort to save stamp duty & fees, some property transfers are done by Power of Attorney sales. However this loophole is supposedly being looked into by the authorities and amendments to eliminate such loopholes are in the pipeline. Amendments are being considered to Section 17 of the Act that deals with Documents of which registration is compulsory. The proposed change will require that Power of Attorney and certificates of sale have to be compulsorily registered under Section 17 of the Act.