Can a Gift Deed made by a POA be challenged by POA giver....

Arvind Sehdev (Querist) 20 August 2010 This query is : Resolved

1. If a Gift deed made by the POA holder, can it be challenged by the person who authorized such POA?

for eg. there is a property and I have a share in that property and so do my sister. I give her the POA and she gifts it to someone. If I want to challenge the gift deed can I do so? If yes, then how? And are there any authorities/case laws helping me in this case ??

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A V Vishal (Expert) 20 August 2010
Before case laws/citations, please tell what exact powers did you give in the POA to your sister?

s.subramanian (Expert) 20 August 2010
first of all clarify if the poa contains the power to effect a gift. if such power is not given specificaly,the gift is void ab initio and illegal.

Arvind Sehdev (Querist) 20 August 2010
Power given were the general ones.... like power to gift and sell the property.... the regular format.

And Subramanian sir, is there any authority to confirm you statement ? cause if there is then you just made my case very easy....

Chanchal Nag Chowdhury (Expert) 20 August 2010
The POA has given the power to gift the property as stated by U . Was the POA registered?
If not the gift is invalid otherwise U may challenge Breach of Trust or as a fraudulent transaction.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 August 2010
Students querry asking for case laws on problems which do not exist in real life.

Arvind Sehdev (Querist) 20 August 2010
1: I am not a student I am an advocate, I tried changing my status many times god knows why is it not changing.

2. This is a real life scnerio in which I am for the person who issued the POA

Arvind Sehdev (Querist) 20 August 2010
POA was registered.....

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