Registered Gift deed from GPA owner
5 months ago
There was a gift deed registered in 1981 from a GPA owner to my father. Is that an issue? Can the land owner who gave GPA create issues with the construction and demolition?
A.Dear Client,
In the execution of the registered gift deed, the applicable stamp duty and the registration charges are to be borne by the donee. A donor who has authorized their power to a constituted attorney/agent to sign the gift deed on his behalf need not appear or sign the papers before the Registrar. Once he has authorized their power agent to execute the deed on his behalf he cannot once again object to the said act. According to Article 59 of the Limitation Act, 1963, a person who seeks to have the Gift Deed canceled (the plaintiff) has three years from the day he or she learns of the fact that entitles him to do so to have the Gift Deed cancelled or set aside. So, the landowner or donor is now stopped from raising any issue with respect to the property he donated being barred by limitation.
In the execution of the registered gift deed, the applicable stamp duty and the registration charges are to be borne by the donee. A donor who has authorized their power to a constituted attorney/agent to sign the gift deed on his behalf need not appear or sign the papers before the Registrar. Once he has authorized their power agent to execute the deed on his behalf he cannot once again object to the said act. According to Article 59 of the Limitation Act, 1963, a person who seeks to have the Gift Deed canceled (the plaintiff) has three years from the day he or she learns of the fact that entitles him to do so to have the Gift Deed cancelled or set aside. So, the landowner or donor is now stopped from raising any issue with respect to the property he donated being barred by limitation.
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A.Dear Client,
A General Power of Attorney (GPA) gives someone the authority to manage property and make financial and legal decisions on behalf of another person. From the seller's point of view, the GPA method enables them to sell a property even in cases when their titles are unclear.
Before buying an apartment, the Owner (or, in the case of an existing GPA holder, the GPA Holder's representative) and the Builder often sign a selling agreement in which they agree to sell the intended buyer an undivided share of the land.
Concurrently, the builder executes a construction agreement on behalf of the prospective buyer, giving the construction rights. So check once with the GPA owner if construction agreement was made or not.
Thank You
A General Power of Attorney (GPA) gives someone the authority to manage property and make financial and legal decisions on behalf of another person. From the seller's point of view, the GPA method enables them to sell a property even in cases when their titles are unclear.
Before buying an apartment, the Owner (or, in the case of an existing GPA holder, the GPA Holder's representative) and the Builder often sign a selling agreement in which they agree to sell the intended buyer an undivided share of the land.
Concurrently, the builder executes a construction agreement on behalf of the prospective buyer, giving the construction rights. So check once with the GPA owner if construction agreement was made or not.
Thank You
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