GPA for Donee Accepting Immovable Land Gift Deed
1 month ago
Can GPA holder for Donee Accept Immovable Property Gift Deed from Doner in Registrar's Office. I find all POA or GPA related questions and answers for Doner use only but nothing for DONEE.
A.Dear Client,
As per Section 122 of the Transfer of Property Act, 1882, a gift is the voluntary transfer of existing movable or immovable property without consideration by a donor to a donee, and the gift must be accepted by or on behalf of the donee during the donor's lifetime and while the donor is capable of giving. If the donee dies before acceptance, the gift becomes void. It is implicitly expected that the donee physically accepts the gift from the donor during the donor's lifetime; this right cannot be conferred to another person through a Power of Attorney (POA).
The Supreme Court has emphasized that the acceptance of a gift can be inferred from the donee's implied conduct, which may include taking possession of the property or having possession of the gift deed itself. Acceptance, therefore, is not restricted to a formal act and can be deduced from the circumstances surrounding the transfer.
As per Section 122 of the Transfer of Property Act, 1882, a gift is the voluntary transfer of existing movable or immovable property without consideration by a donor to a donee, and the gift must be accepted by or on behalf of the donee during the donor's lifetime and while the donor is capable of giving. If the donee dies before acceptance, the gift becomes void. It is implicitly expected that the donee physically accepts the gift from the donor during the donor's lifetime; this right cannot be conferred to another person through a Power of Attorney (POA).
The Supreme Court has emphasized that the acceptance of a gift can be inferred from the donee's implied conduct, which may include taking possession of the property or having possession of the gift deed itself. Acceptance, therefore, is not restricted to a formal act and can be deduced from the circumstances surrounding the transfer.
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A.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 one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving, If the donee dies before acceptance, the gift is void. So, it is an implied condition on the part of the donee to accept the gift physically from the Donor during his lifetime. A POA can not confer such right to another person to accept the gift on behalf of the donee. The Supreme Court also observed that acceptance of a gift can be inferred by the implied conduct of the donee. Such inference can be ascertained from the surrounding circumstances such as taking into possession of the property by the donee or by being in possession of the gift deed itself.
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 one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving, If the donee dies before acceptance, the gift is void. So, it is an implied condition on the part of the donee to accept the gift physically from the Donor during his lifetime. A POA can not confer such right to another person to accept the gift on behalf of the donee. The Supreme Court also observed that acceptance of a gift can be inferred by the implied conduct of the donee. Such inference can be ascertained from the surrounding circumstances such as taking into possession of the property by the donee or by being in possession of the gift deed itself.
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