Can gift deed be registered using a presentation poa?

Jaya Pathak (Querist) 11 July 2023 This query is : Resolved
A who is a NRI wants to gift a flat to sibling B. A cannot come to India so A wants to appoint a friend X in India via POA with only presentation rights. The gift deed will be signed by A and X will present the gift deed to the Registrar Office for registration.

Queries

1) Will the Registrar allow the registration of such gift deed?

2) Any specific clauses that should be included in the POA?

3) Any specific clauses that should be included in the Gift Deed?

4) Any other important advice in this regards.

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Quick Summary

An NRI wishes to gift a flat in India to their sibling but cannot be present for registration. They plan to grant a Power of Attorney (POA) to a friend in India with presentation rights only. The key question is whether a registrar will accept a gift deed registered via such a POA. While a POA holder can present the deed, they generally cannot execute a gift deed unless specifically authorised. The POA must be executed abroad, attested, validated by the District Registrar, and the gift deed needs specific clauses and attestation by two witnesses.

kavksatyanarayana (Expert) 11 July 2023
A can execute a POA abroad attested by a Notary/embassy in favour of his friend in India. And you should execute the Gift deed also. The POA should be got validated by the District Registrar concerned. Then the gift deed will be registered. All your 4 queries were answered.

Advocate Bhartesh goyal (Expert) 12 July 2023
Generally a power of Attorney holder can't execute giftdeed on behalf of principal unless principal specifically authorized to him to execute gift deed in favour of particular person.

P. Venu (Expert) 16 July 2023
Yes, the Gift deed could be executed by the donor and got registered through the duly authorised. However, it needs to be ensured that the signature of the donor in the Gift deed is attested by two witnesses in accordance with the provisions of the Transfer of Property Act.

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