Mathangi G (Engineer) 27 September 2012

Is gift deed with gpa possible?

My uncle bought a land through General Power of Attorney in 1999 and has also built a house. He has been paying taxes regularly and the khatha is in his name. Only now we realised that the land or house is not registered in his name - there is only a GPA. The person who gave the GPA is no more (his sons are there).

My uncle now wants to make a gift deed registration of the house to his son.

1.) Will the gift deed be valid without a sale deed? Is it legal?

2.) Even if the gift deed is made now, will the son be able to sell the house in future?

3.) Can the sons of the person who initially sold the property throught GPA to my uncle come back and claim the place?

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2 Replies

ahmed (document writer) 28 September 2012

dear sir

First of all you have convence the legal heirs of the principal owner for registration of sale deed if they refuse to execute the sale deed then our uncle can execute a gift deed refering the khata number and tax receipts because the G.P.A. automatically cancaled if the Executant or Attorney expire and the legal heirs are liable to claim the proeprty.

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Mathangi G (Engineer) 30 September 2012

Dear Sir,

Thanks for reply.

In case my uncle excecutes a gift deed in his son's name , can the property be sold in future by his son if required.?

OR will there be any problem.