Transferring Title of Property in India to my Mother's Name

[jithucan123]

Hello Guys,

I am was a landed immigrant from India. I am a Canadian Citizen now and I renounced my Indian Citizenship in 2018. I don't have an OCI Card and I don't want to get one

I have a home in India which is in my Name. I want to transfer this to my mother's name.

I have a couple of questions.

1) Can I transfer this property to my Mother without an OCI Card?

2) If I can, can I do this from Canada or do I have to be physically present in India?


Thank You So Much

 

[steaky]

Two years ago, you mentioned: "Things were going smoothly till yesterday but when the buyer went to the Registration, he was told by them that the seller (me) have to have an OCI Card and without an OCI Card they can't Register that property to him." Can you not ask the registration again?

Btw, you can report this transaction in your coming T1 return.

 

[canuck78]

Hello Guys,

I am was a landed immigrant from India. I am a Canadian Citizen now and I renounced my Indian Citizenship in 2018. I don't have an OCI Card and I don't want to get one

I have a home in India which is in my Name. I want to transfer this to my mother's name.

I have a couple of questions.

1) Can I transfer this property to my Mother without an OCI Card?

2) If I can, can I do this from Canada or do I have to be physically present in India?


Thank You So Much

Will your mother be the longterm owner of this property? Not sure if you actually have to sell the property rather than just transfer and whether their are tax implications of disposing the property. These are things you need to verify. If this is a temporary move for tax avoidance then that’s a different story.

 

[jithucan123]

Two years ago, you mentioned: "Things were going smoothly till yesterday but when the buyer went to the Registration, he was told by them that the seller (me) have to have an OCI Card and without an OCI Card they can't Register that property to him." Can you not ask the registration again?

Btw, you can report this transaction in your coming T1 return.

Two years ago, you mentioned: "Things were going smoothly till yesterday but when the buyer went to the Registration, he was told by them that the seller (me) have to have an OCI Card and without an OCI Card they can't Register that property to him." Can you not ask the registration again?

Btw, you can report this transaction in your coming T1 return.

Thank you for your reply. I want to just transfer the title to my mother's name as I can't sell the property (as per my understanding) without an OCI Card. Once the property has changed to my mother's name, then she will be the sole owner of the property and she can sell this and either me, my wife or my kids won't be accepting the money from my mother from this property by selling this.

In short, whatever we have in Canada will remain with us and whatever we have in India will remain with my mother.

So I am just wondering can I do the property transfer without an OCI Card.

Thanks

 

[jithucan123]

Will your mother be the longterm owner of this property? Not sure if you actually have to sell the property rather than just transfer and whether their are tax implications of disposing the property. These are things you need to verify. If this is a temporary move for tax avoidance then that’s a different story.

Thank you so much for your reply.

Yes my mother will be the long term owner of this property. Since we will be not accepting money from my mother by selling this property, I think there won't be any tax implications.

I want to just know whether I can transfer the property to my mother's name without an OCI Card.

Thanks

 

[steaky]

Thank you for your reply. I want to just transfer the title to my mother's name as I can't sell the property (as per my understanding) without an OCI Card. Once the property has changed to my mother's name, then she will be the sole owner of the property and she can sell this and either me, my wife or my kids won't be accepting the money from my mother from this property by selling this.

In short, whatever we have in Canada will remain with us and whatever we have in India will remain with my mother.

So I am just wondering can I do the property transfer without an OCI Card.

Thanks

Even though there is no money accepting, there might be tax implication.