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I am on H1b visa in USA and thinkg about buying property in India.

I have a lot of confusion in this matter.

Should I buy property on my own name? or me and my father's joint name? If I keep my father's name as joint owner then can he also contribute to make payment? main reason I would like to keep my father's name as joint owner is, he can sell the property easily while I am in USA and he is in India. My father is Indian citizen and live in India only. I am on H1b visa and waiting in line for Green Card.

  • You're again asking multiple unrelated questions here... – littleadv Apr 14 '14 at 15:31
  • Now sure how to put the question. – Pratik Apr 14 '14 at 19:01
  • @littleadv: What questions you think are unrelated? My simple question is about ownership... – Pratik Apr 15 '14 at 19:28
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Should I buy property on my own name? or me and my father's joint name?

It is for you to decide. If your only concern is ease of selling the property while you are in US, then its incorrect. Even a Joint Property will require your signature or Power of Attorney. So you can still buy the property only on your name and give you Father "Power of Attorney" to sell the property.

If I keep my father's name as joint owner then can he also contribute to make payment?

Your father can make re-payments to the Bank without his name on the property. It can be either directly from his account or a joint account with you. It only matters if you or your Father want to claim Income Tax rebate. As you are NRI, you cannot claim benefits. Your Fathers name should be on property and he should make payments to claim tax benefits.

  • Agreed, the issue of selling the property should be able to be done via a Power of Attorney. That might be a good thing to give the father anyway if the OP is likely to be in the US for a while: that way the father can deal with any paperwork that comes the OP's way. – Peter K. Dec 17 '14 at 13:44
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Be very careful of buying a property in India. If it is a flat you will have to pay outgoing or maintenance expenses "monthly". Even though maintainence expenses is a small amount you still have to think about it. If you want to rent out the property in order to pay for maintenance expenses it is a big headache as the tenant may try to own you property. Trying to own the property is very common. Do not do a single thing without a solid lawyer. Of course you will have to pay the lawyer too. As i understand he can typically ask for 10% of your property to evict a tenant. If the tenant does not leave your property .... then things get worst... pay the lawyer.... Unless you want to physically live on the property for the rest of your life you are looking into getting into mess. The other thing that you will have to worry about is that a lawyer will end up frauding you and put the flat ownership in his name and steal it from you. This is the same reason why so many Indians wait in line for US Green Card. I was born and raised in Mumbai. I came to US on H1B and did same joint ownership with my late father. I am now a US Citizen. This is all based on my personal experience so far. Since i have a full time job here in US different people related to the flat have been taking advantage of me because i cannot be there regarding this flat.

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