Does one needs to register the gift deed at the Indian Court and then transfer the property to another person’s name?

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Question asked by Mr. Vijay from USA:
My daughter and I are both US citizens applying for PIO and live in USA. I want to gift a flat situated in Gurgaon, India to her. Do I need to go to Indian consulate for advice? Or as US nationals we follow the rule of law as in USA. What happens in India, do I get the registry of the gift done at the Indian court and transfer the property to her name.
Kindly guide me regarding the procedure.
Thanks
Vijay

Veena Answers:
We are of the view that a non resident indian or a foreign national but who has acquired the status of being a person of indian origin can gift residential / commercial property to the following persons:
(i) Person resident in India or
(ii) an NRI or
(iii) PIO.
In your case, the gift deed can be executed only upon you and your daughter acquiring the PIO status. However, a foreign national of non-Indian origin is required to obtain the prior approval of the Reserve Bank for gifting the residential / commercial property.

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