Parent is is gifting a quarter of her land to each of her three children - two of them are in US. Can they give a PoA to their sibling in India to register the Gift Deed? as they both cannot be in Ind
Dear client,
In your case siblings residing in the US can empower their sibling in India to handle the registration of a Gift Deed by issuing a notarized Power of Attorney (PoA). This PoA must be authenticated either through an apostille or attestation by the Indian Consulate or Embassy in the US. After authentication, the PoA should be sent to India, where it must be adjudicated by the appropriate authorities. Once adjudicated, the sibling in India can utilize the PoA to register the Gift Deed
A property purchased on my mothers name and after his death now my mother wants to make power of attorney on different persons name , can i put stay on that process?
Dear Client,
The property of the Karta of a Hindu Undivided Family is considered a joint family property and all the legal heirs are entitled to an equal share of the property. In this situation, even if the property is registered in your mother's name, she cannot unilaterally transfer it to the other party. In Saurabh Gupta v. Archna Gupta case, the Allahabad High Court ruled that a property purchased by a Hindu husband in the name of his homemaker wife could be presumed to be the property of t
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In 2013 SC has given a judgement that title transfer or sell through power of attorney is not allowed then how a power of attorney can sell a land?.Also,what will happen if power of attorney sold a la
Dear Client,
The Supreme Court in 2011 ruled that the General Power of Attorney (GPA) is a non-transferable instrument for any title, interest, or right in immovable property. A GPA is an invalid document for any purchase or transfer of immovable property. According to the Transfer of Property Act, an immovable property can be sold only through a conveyance or sale deed registered between the parties. Further, the GPA holder can sell the property only if he is authorized to do so by the register
general power of attorney made by two principles on 1994 about 2 acres of land, in 2002 they converted it in to flats , now in 2020 one principle died in 2022 the power of attorney agent made a regist
Dear Client,
The validity of General Power of Attorney extinguishes with the death of the principal/executor or the GPA holder. On the Death of the GPA holder that Power of Attorney becomes inoperative and its enforceability gets seized. In the case of a Joint GPA holder, even if one attorney dies, the GPA becomes invalid and requires the execution of a fresh GPA by the remaining principals along with the legal heirs of the deceased principals in favour of other attorneys to execute the deed of
An independent house in Faridabad district was purchased by my father in the Year 1995 (Around 28 years ago). But the house was bought on General power of Attorney. The GPA was transferred by prev
Dear Client,
The Supreme Court in 2011 ruled that the General Power of Attorney (GPA) is a non-transferable instrument for any title, interest, or right in immovable property. A GPA is an invalid document for any purchase or transfer of immovable property. According to the Transfer of Property Act, an immovable property can be sold only through a conveyance or sale deed registered between the parties. Further, the GPA holder can sell the property only if he is authorized to do so by the register
IAM PLANNING TO BUY A FLAT IN MUMBAI FOR WHICH MY WIFE WHO IS RESIDING IN KERALA WILL BE THE PRIMARY OWNER AND ME BEING THE CO-OWNER. SHE IS GRANDING ME POA TO EXECUTE THE DEED. CAN THE REGISTRATION
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
Our owners association needs to identify if a Power of Attorney submitted by spouse of an owner empowering them to be a deemed member of the association needs to be registered or notarized.
Dear Client,
To ensure legal enforceability for all purposes, a Power of Attorney (POA) should be registered under the Registration Act, 1908. This registration formalizes the document and empowers the appointed executor or principal to authorize another person to act on their behalf or carry out specific tasks.
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In our bye-laws of our association registered against KAOA1972 we have defined a deemed member as follows. 3.11 “DEEMED MEMBER” (i) In case of a Sole Owner, the spouse of a sole owner or parent, l
Dear Client,
To ensure legal enforceability for all purposes, a Power of Attorney (POA) should be registered under the Registration Act, 1908. This registration formalizes the document and empowers the appointed executor or principal to authorize another person to act on their behalf or carry out specific tasks.
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10 persons jointly purchased some land and 8 persons gave GPA to other 2 persons, Now 2 persons died out of 8 persons (Donors), Now the GPA is valid to transfer the title of 6 out of 8 donors to excut
Dear Client,
The validity of General Power of Attorney extinguishes with the death of the principal/executor or the GPA holder. On the Death of the GPA holder that Power of Attorney becomes inoperative and its enforceability gets seized. In the case of a Joint GPA holder, even if one attorney dies, the GPA becomes invalid and requires the execution of a fresh GPA by the remaining principals along with the legal heirs of the deceased principals in favour of other attorneys to execute the deed of
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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.
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
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