Gift deed on GPA
7 months ago
I had given a GPA on a property to my mother in 2014 , after I got married. The GPA mentions that she has the power to sell/mortgage/lease/do otherwise and to admit, execute absolute sale deed or any other document on my behalf at the concerned Subregistrar office. Can this GPA be used to execute a gift deed in favour of my mother or a sibling
A.Dear Client,
A General Power of Attorney (“GPA”) is a document through which one person (“Principal”) appoints another person (“GPA Holder”) to do all acts specified therein, for and on behalf of the Principal. A General Power of attorney if expressly confers powers to gift to a particular person specified therein and the General Power of Attorney is registered only then General Power of Attorney holder can execute the gift on behalf of the principal. Power-of-attorney is a legal document that provides legal authority given by one party (the principal) to another (the agent or attorney-in-fact) to act on the principal's behalf. If the Power-of-attorney document is tailored for its specific purpose; your agent cannot act outside the scope assigned in the document. In your case, it is not specifically or expressly mentioned in GPA empowering the attorney(your mother) to execute the gift deed either in her favour or in favor of your siblings, Hence, possibilities of some legal issues or litigation arising out of such transfer of title of immovable property by way of gift through GPA cannot be ruled out. The order passed by the Supreme Court (SC) in 2011 categorically stated that a GPA is not an instrument of transfer when it comes to transferring the right, title, and interest in an immovable property.
A General Power of Attorney (“GPA”) is a document through which one person (“Principal”) appoints another person (“GPA Holder”) to do all acts specified therein, for and on behalf of the Principal. A General Power of attorney if expressly confers powers to gift to a particular person specified therein and the General Power of Attorney is registered only then General Power of Attorney holder can execute the gift on behalf of the principal. Power-of-attorney is a legal document that provides legal authority given by one party (the principal) to another (the agent or attorney-in-fact) to act on the principal's behalf. If the Power-of-attorney document is tailored for its specific purpose; your agent cannot act outside the scope assigned in the document. In your case, it is not specifically or expressly mentioned in GPA empowering the attorney(your mother) to execute the gift deed either in her favour or in favor of your siblings, Hence, possibilities of some legal issues or litigation arising out of such transfer of title of immovable property by way of gift through GPA cannot be ruled out. The order passed by the Supreme Court (SC) in 2011 categorically stated that a GPA is not an instrument of transfer when it comes to transferring the right, title, and interest in an immovable property.
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A.Dear client,
The mother has to operate within the four corners of the GPA given to her by her children. Unless the GPA expressly authorizes her to execute a gift deed on behalf of C, D and E, she cannot execute one.
The mother has to operate within the four corners of the GPA given to her by her children. Unless the GPA expressly authorizes her to execute a gift deed on behalf of C, D and E, she cannot execute one.
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