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Can gernal power of attorny execute gift deed on behalf of donner

This query is : Resolved 
 

(Querist)
03 February 2012

R/Sir,
My question is what the Registered General power of Attorney can Gifted the immovable property on behalf of donor where the name of Donne did not mentioned in deed of G.P.A but he authorized to do all act as donor can performed. kindly reply with supported case law or some impressive argument point.


Devajyoti BarmanOnline (Expert)
03 February 2012

The GPA is executed to authorise the agent to perform the duties on behalf of the Principal in respect of such as described in the GPA.
Now the future beneficiary in pursuance of job done on the strength of that GPA need not be mentioned.

n.k.sarin (Expert)
03 February 2012

Mr. Saini GPA HOLDER cannot act as a donor on behalf of the principal. He cannot gift the immovable property.

ajay sethiOnline (Expert)
03 February 2012

agree with barman . see the wordings of GPA . if GPA authorises agent to execute gift deedshe is acting within his power .

Shailesh Kr. ShahOnline (Expert)
03 February 2012

Power of Attorney shall be specifically authorise for gift then it would be valid transfer.

Raj Kumar MakkadOnline (Expert)
03 February 2012

A GPA holder cannot gift the property on behalf of the donor if the name of donee is not mentioned in the GPA.

prabhakar singh (Expert)
04 February 2012

A GPA if confers powers to gift to a particular person specified and the GPA is registered only then GPA can execute gift on behalf of owner.There should be power to transfer as well mode of transfer well conferred upon GPA,there can not be any freelance by the GPA.

M/s. Y-not legal services (Expert)
04 February 2012

am agree with the expert's common opinion..

-tom-

Deepak Nair (Expert)
04 February 2012

I endorse the views of Mr.Rajkumar and Mr.Prabhakar Singh.

Advocate. Arunagiri (Expert)
04 February 2012

If the GPA specifically empowers to give as gift, the GPA can gift the property.

If there is no mention about the power to gift, no gift can be given.

The GPA can not travel beyond its power mentioned in the GPA.

pritamsaini (Querist)
05 February 2012

As per my view section 122 says Donner himself and donnee himself or on his behalf acceptance and as per section 123 of T.P.act donnar himself or on his behalf for the purpose of registration.Gift deed is more private/personal to a will because after execution of will executrix died property go the beneficiary but in case of Gift deed Donner Should be in Knowledge who is donee and accept the Gift.For example dooner empowered A to gift the property to B.Then it may be accepted by B through A or not depend on B choice might be B don't want to expose his financial condition in front of A.



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