POWER OF ATTORNEY POWER OF ATTORNEY

2 years ago

My Father after giving general power of attorney of residential building to my mother in 2003 , gifted this property to my elder brother in 2004 through gift deed, can you please let me know after giving POA to mother, can he gift , is this a valid gift? My father died in 2007.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
He should have cancelled Power of Attorney before executing Gift Deed but he may deny such execution of Power of Attorney and validate execution of Gift Deed.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Although general POA has been given to your mother, your father can gift the property to your elder brother through a gift deed as he is the absolute owner of the property and he can do what he wants legally to his property. So, it is a valid gift.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know whether that Gift Deed was registered or not and whether your father himself executed that Gift Deed or not. Please take note that executing registered Power of Attorney in favour of your mother cannot be a bar in that regard.
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