Power of attorney
Kushal
(Querist) 12 November 2013
This query is : Resolved
I am owner of a flat in Mumbai along with my brother having equal share in it. I stay in that flat and my brother stays in Jaipur. Now, my brother wants to gift his share of Mumbai flat to me so that I become the sole owner. He will sign the Gift Deed. However, he cannot come personally for registration formalities to Mumbai. Hence, he wants to execute a Power of Attorney in my favour so that I can act as his attorney and complete the registration formalities. Can he execute a POA in my favour in this case? If yes, then is my (attorney's) signature also necessary on the POA?
ajay sethi
(Expert) 12 November 2013
let your brother come to mumbai sign the gift deed and have it regd . he can complete he formalities within short span of time .
if he cant come let him give regd POA to another relative
Kushal
(Querist) 12 November 2013
Can't he give a POA to me only? Also let me know if attorney's sign is required on POA.
Advocate M.Bhadra
(Expert) 12 November 2013
Please read Section 123 of the Transfer of Property Act, 1882---- “For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered.”
Your brother may either execute a Gift Deed, gifting the said property to you or execute a special or specific POA (only for gift purpose)in favour of your other relative or any other person, specifically granting the power to your brother or such other person to gift the property to you and to execute the applicable documents and admit and affirm the same for registration to give effect to the gift of the property in question. It may be noted here that a general POA will not be sufficient and the attorney will not have the requisite power to execute a valid gift deed of such property.
Rajendra K Goyal
(Expert) 12 November 2013
No you being a POA holder can not transfer the property in your name.
Kushal
(Querist) 13 November 2013
Thanks to all the experts for their valuable suggestions. But my question is that, if my brother signs the gift deed and sends it to me along with a POA for registration purpose, then can such POA be given in my name? The purpose of obtaining POA from my brother is only for registering the signed gift deed and not signing the gift deed.
ajay sethi
(Expert) 13 November 2013
we have already advised you . it is your call . do what you want
ajay sethi
(Expert) 13 November 2013
since you have flat in mumbai you can easily afford legal fees . contact a local lawyer
Kushal
(Querist) 13 November 2013
Mr Sethi, if you cannot answer my question, then please do not comment. As it is, your answers have been irrelevant.
Devajyoti Barman
(Expert) 13 November 2013
Mr Kushal, you have no courtesy as how to talk with an expert here.
You are rude enough and ungrateful to the person who has advised you in such detail.
I refuse to advise you further in this forum.
Kushal
(Querist) 13 November 2013
Mr Barman, I have due respect for experts in this forum. I request you to see his replies and comments. I don't think I have been rude. Rather, I have made my point politely.
malipeddi jaggarao
(Expert) 13 November 2013
All experts have unanimously advised that your brother can not give power of attorney in your favour as he is proposing to register the flat in your name. Is this answer not enough? Why are you prolonging it?
