Regarding gift deed and power of attoney register at sub register office
jehangir wadia
(Querist) 30 April 2016
This query is : Resolved
i have general power of attoney and the gift deed of a perperty the property is in mumbai now the thing is who has given the power of attoney and the gift deed to me he is the landlord of the property after giveing me such document a complate document with sign notary every thing but now the landlord can not come to the sub register office for the register propose the land lord also given the authority letter and the deleration to me that he is busy in his personal work so now what i can do i want to register the document at sub register office but it is not possible that land lord can come at register office
point 1] i want to register the property document but the landlord can not come to register office
2]i have two withness and iam ready to pay all cost of register
3] last and important the sub register will register the document
thanking you
Kumar Doab
(Expert) 30 April 2016
What is the reason for giving gift deed/ and POA for the same property?
If a valid gift deed is in your name then you are the owner and hence what is the need of POA?
The gift deed and POA from Notary has no validity.
You may better show all docs in your possession to an able counsel specializing in such/property/civil matters.
Kishor Mehta
(Expert) 30 April 2016
Sir,
[1] Any unregistered document is not valid.
[2] In extreme cases, and if the Registrar is satisfied of the inability of the signatory to be able to come to the Registrar's office with a medical certificate from a Government Hospital, he may consent to some to his residence and register the documents, the whole process has to be video taped.
[3] You can not use the POA, given to you, to register the ownership document of the property in your favour.
The owner has to come to the Registrar's office for the registration of the gift deed.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 30 April 2016
The POA / gift deed should have been registered.
Discuss with the local lawyer to proceed as per local customs / practice.
Devajyoti Barman
(Expert) 01 May 2016
If the POA is registered then on the basis of it you can transfer the property to anyone you choose.
However on the basis of registered POA you can not transfer the same to your own name.
You have to choose any of your close family member to become the transferee.
