Gift Money Declaration from Father to Son Outline !

[Asivad Anac]

Is the proof in the form of an affidavit necessary to show that money was gifted? Or the copy of the fixed-deposit receipt will do? I was initially preparing this but my agent said it is not necessary!!! Pls suggest..I'm on the verge of submission of my application post ITA..

Affidavit is not necessary - a signed self-declaration would suffice.

 

[Ustaad]

Fair points. Even though it explicitly states 'gifted', I suppose it can't hurt to reinforce that by saying these funds need not be repaid. The bit about Mr isn't a hard rule - could be cultural differences. Having a witness makes no difference but it can't hurt having that though it will be on a plain piece of paper and I'm not sure if bank officials anywhere in the World would casually initial such a document. Showing the value of funds in Canadian dollars or the equivalent action of showcasing official currency conversion rates (sell side for the bank) as on that date would be a welcome addition though not a mandatory inclusion.

As for CIC accepting this as POF, that is anyone's guess. Some officers have been convinced with lesser evidence, some have requested for even more and I know of at least 1 officer who doesn't like this workaround enough to send a refusal instead of requesting for more evidence. Like all workarounds, it won't work for everyone but it is the best OP can do.

About the skilled income bit, CIC isn't scrutinizing tax records of foreign applicants. Technically speaking, CIC should extend PPR to an EE applicant with a score of 451+ (minimum needed so far for an ITA, April draw) who hasn't worked for a day in the past 9 years (but still satisfies the 1 year continuous NOC 0/A/B requirement in the last 10 years) but has their application perfect in all other respects including POF derived from funds that can be conclusively established to be unencumbered. Under their existing regulations, CIC cannot refuse this applicant on the grounds of not having held a job for a while or not having paid taxes or not having savings left over from their post tax income. Very exaggerated example but I wanted to make that point clear that it isn't CIC's place to question proof of skilled employment income.

Hi Asivad,

I have a few questions in regards to PoF:

1. Would it be nice to highlight with a highlighter the monies going out from depositor's statement and entering the applicant's bank statement, so that its easy for the officer to understand the happenings?
2. Is this 'highlighting' things good in other parts of application, especially where we have to attract officer's attention towards any non standard scenario?
3. Apart from gift deed affidavit, would it be ok to attach a copy of my father's will made in 2012 that shows that the primary applicant would inherit his worth after his death? The purpose is to show that my son will inherit my worth anyways, so why not a part of it now, when he actually needs some money? Or would attaching the copy of will be too much of overkilling?
4. Apart from attaching all the docs, LOE and paying 550 fees, do we have to fill any permanent residence form any IMM kind of?

Thanks in advance

 

[Smile24x7]

It isn't about the authenticity alone. A gift letter (notarized or not) cannot stand alone - it has to be backed up by bank records showing physical transfer of funds from the donor account to the PA's account. If this is done properly AND there are no other significantly large credit transactions in the PA's account within the last 6 months that need to be explained similarly AND the PA's bank letter explicitly mentions 6 months average balance then PA wouldn't need to submit 6 month bank statements.

Hi Asivad,

I am currently applying for the OINP and I am in a situation where my Mom gave me an amount of cash equivalent to CAD 15,000 for me to place it in my bank account (I guess we always do that in our country where people prefer keeping cash to other means). So after receiving the cash, I opened a saving account at the bank last month in February 2016 and had the bank issued the Bank Letter stating the current balance of all my accounts (including my personal checking accounts and my saving accounts) of roughly CAD 17,000. So for this case, am I required to provide the Gift Deed Letter? I suppose yes 'cause CAD 15,000 has not been sitting in my bank for over 6 months yet.

If so, which would be the required documents that could help me to support my case?

Please much appreciated for your response. Thanks in advanced Asivad.

Best regards,
Gina

 

[kaizadhans]

Can anyone please post a LOE sample letter outlining the details regarding the Gift Deed and your overall application.

Regards,
Kaizad

 

[gary377]

Hi all ,

I have national savings certificate jointly with my father's name do I need gift deed from my father for his share of money.

Thanks

 

[johnmunch]

[quote author=Asivad Anac

As for CIC accepting this as POF, that is anyone's guess. Some officers have been convinced with lesser evidence, some have requested for even more and I know of at least 1 officer who doesn't like this workaround enough to send a refusal instead of requesting for more evidence. Like all workarounds, it won't work for everyone but it is the best OP can do.

[/quote]

Is the gift deed a workaround here? Because nowhere does cic state money received as gift that is unencumbered cannot be used as personal funds.

 

[johnmunch]

I am not an expert and I don't know if CIC will accept this as POF. You would have stated what funds you had for POF at Some point. Do those dates correspond with the gift cheque? I wonder if CIC also wants to see that people are providing some/all of their own funds as part of the proof of their skilled employment income?
Good luck.

In EXpress entry, correct me if I'm wrong, but it asks "how much money the applicant intends to bring with him". It doesn't ask if the applicant already is in possession of the money. Otherwise, this would have been one of the MEC for express entry, which it is not. I'm not expert but If an applicant provides all the necessary documentation (gift deed notarized, bank statements showing funds transfer, and the specific docs asked by cic even if they seem not to add anything to your case, submit them) and it cannot but go through. If it doesn't, there would be grounds to appeal.

 

[kartheek89]

I've been digging old threads regarding POF lately, found a template by anujgupta84 looks pretty good to me:

I, _________________ (name of donor), S/o _________________ (father's name), R/o _____________________ (address), do hereby on dated __________ make a gift-deed for a gift made on dated of ___________, Rs. ______/- (Rupees in word) out of love and affection to my ____________ (mention the relationship & name of receiver), S/o or W/o _______________, R/o _________________________. I confirm that I am a resident Indian. I, further confirm that this gift is being made out of my own funds standing to the credit of my A/c No.- __________ in
____________(mention the Bank name & address).
I, further confirm that the consideration for this gift is the love and affection for my ____________________ (mention the relationship & name of receiver) and no other consideration.
I am an Income Tax assessee having PAN/GIR # A-984 / N and assessed with Income Tax ward 1, Noida and this gift is made out of my past savings from profession in India. Strictly Confidential 2 P A R Y & Co.
I further confirm that the gift has been made by Cheque No ___________ dated _______ drawn on ___________________________ (mention the Bank name & address). This gift is irrevocable and I have no claim left whatsoever on the said gifted amount and he/she is free to utilise it in any manner.

PLACE:
DATED: _______________________
(Donor name)


Witness:
The gift as stated above is accepted




______________________
(Name of receiver)

hope this helps

did this worked fine for you ?