Can poa holder signs on main gift deeds directly

Amit Joshi (Querist) 11 December 2023 This query is : Resolved
I have General PoA rights in respect of a Immovable property. PoA terms allows me to gift that property. I am going to gift that property to one of my family member.
(1) Can I Sign as a PoA holder on original Gift Deed Directly ? (Without needing to sign original executor of PoA)
(b) Is Sub-Registrar or Law Allowed it ?
(2) Or I have right to Gift Deed means a only Right to present it before Sub-Registrar and Sign before him ?
My PoA terms clear mentions that I have all the Powers in respect of that property including signing Any gift deed on behalf of executor of the PoA.

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Quick Summary

This discussion clarifies whether a Power of Attorney (PoA) holder can directly sign a gift deed for an immovable property they are authorised to gift. The consensus is yes, provided the PoA explicitly grants the power to execute and sign such deeds. The PoA holder acts as an agent for the principal and can sign the gift deed directly before the Sub-Registrar on their behalf.

T. Kalaiselvan, Advocate (Expert) 11 December 2023
1. If you have been empowered to execute a registered gift deed through the said POA deed, there is no legal infirmity for you to do so.
2. Any transaction pertaining to an immovable property needs to be done by executing it in a registered deed only.

kavksatyanarayana (Expert) 11 December 2023
Yes. You are an agent to the Principal of GPA (who are authorising you) and no doubt you can execute the Gift deed and shall sign before the Sub Registrar on behalf of the Principal.

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