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.
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.
Helpful
Helpful
Share
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.
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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
POWER OF ATTORNEY
Dear client, a POA attested by Notary is not valid for registering any document in the registrar's office for the transfer of any property
Registration of Power of Attorney for deemed membership to association
Dear Sir,
It is better to register the Power of Attorney and if bye-laws of the Association allows then she can become deemed member of the Association.
Need for registration of Power of Attorney for deemed membership
Dear Client,
A POA should be registered under the Registration Act, 1908 to make it legally enforceable for all the purposes it is executed by the Executor/principal empowering/authorizing a person to...
Validity of GPA
Dear Sir,
The title lies with 10 persons as such GPA executed by 8 persons is invalid. Further, 2 persons out of 8 persons also died. Thus, the legal heirs of deceased 2 persons and remaining 8 person...
GPA for Donee Accepting Immovable Land Gift Deed
Dear Client,
As defined under Sec.122 of the Transfer of Property Act, 1882, a Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by o...
Read Blogs on Power of Attorney
Power of Attorney Lawyers
Find Lawyers by Location