Sale of property through power of atorny

VISHAL (Querist) 12 March 2014 This query is : Resolved
hi we have property based in indapur taluka mangaon,district raigad,maharashtra and it is on the name of my father & his sister. so we were going to make gift deed between these two but my fathers sister is overaged & wont be able to make it to mangoan to get this deed registered so can we make power of atorny(as it can be registered here in mumbai) which will give rights to my father to sell property alone ? also what kind of power of atorny we need to make general(GPA) or special(SPA)?

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Raj Kumar Makkad (Expert) 12 March 2014
Special Power of Attorney an be got executed at Mumbai which shall it right to its holder to do the specific act mentioned in that power.

Devajyoti Barman (Expert) 12 March 2014
Both GPA and SPA will do. The power is better to be executed where the property is situated.

Rajeev Kumar (Expert) 12 March 2014
I agree with Makkad Sir.

Rajeev Kumar (Expert) 12 March 2014
@Barman sir in the recent SC judgement it has been made clear that through GPA no property can be bought or sold in lieu of third party.

Anirudh (Expert) 12 March 2014
Dear Mr. Rajeev Kumar,
Supreme Court did not say what you are now saying. I am afraid, you did not at all understand the clear meaning of what the SC said in the said decision.

Devajyoti Barman (Expert) 12 March 2014
Transfer of property though GPA is still valid but only in genuine cases as enumerated by the apex court.
In Suraj Lamp cases, the SC has not banned the GPA.
The court in its decision upheld the validity of GPA if sale through GPA is executed between family members to manage affairs or between land owner and developer. The court only highlighted the menace of rampant misuse of GPA.

Rajendra K Goyal (Expert) 13 March 2014
Well advised, agree with the experts.

Guest (Expert) 13 March 2014
Well advised.

T. Kalaiselvan, Advocate (Expert) 13 March 2014
I agree with the opinion of the experts. Both GPA and SPA hold good. It is better to execute the power deed in favor of your father at Mumbai itself because any other deed has to be registered where the property situates.

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