Inheritance GPA stampduty
3 years ago
There is a piece of LAND (Undivided) which is received as inheritance by my Father & Uncle( chacha, Father's younger brother).
My Uncle Stays in USA.
My father and Uncle wants to Gift it to me.
My father is 80years in India.
I have a brother who is not interested in this property.
There is a GPA ( not registered, but with Notry sign ) in my name. This was prepared when he visited India for some other purpose.(Not sure if it would be accepted for this purpose)
1) Assuming the GPA would be accepted:
Can I Gift my uncle's share to my Father ? I signing as GPA on behalf of my Uncle. Later my Father gifting to me. Will there be stamp duty for this ?
2) If the current GPA is not acceptable:
If we are to make new GPA whose name should be put? mine or my fathers ?
Can my father Gift the property to me if he has GPA of my uncle without stamp duty ? or he should first Gift it to him self and then gift to me?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You could act only within the ambit of Power of Attorney, if the same allows you to execute the gift deed, you can, but if it specifically denies so, you cannot.
The Power of Attorney itself defines the ambit, if the concerned power of attorney permits you to initiate the gift deed, you may do so.
POWER OF ATTORNEY
Registration of Power of Attorney for deemed membership to association
Need for registration of Power of Attorney for deemed membership
Validity of GPA
GPA for Donee Accepting Immovable Land Gift Deed
