Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajat Gaur   07 November 2021

Can we execute Gift deed through GPA without Actual Owner's Presence

Greetings to the reader !!!

My Parents bought a property in 2004 at Chandigarh. At that time its installments were pending with Housing Board and Owner's status was also of tenant.
So we bought this property through GPA. Well GPA was registered in Housing Board as well as in Estate office.
We also obtained the will from the owner.

In 2010-11 we completed the all pending installments and Obtained the NDC from housing board.
Right from 2004 upto now the Possession of house is with us, all original chain of documents are with us.

Now we want to Transfer the title on our name
But its more than 15 years and we are not in a single contact with Original owner, We even don't whether she is alive or not.

So in this situation, Can my Mother write a Gift deed in my name without the presence of Owner since GPA allow my Mother to have the selling and gifting rights
And Can I then transfer the title on my name ??

What if the Original owner have died by now, Can we still write Gift deed ? (since now there is no claim by owner heirs and can they do such things in future)

Please reply, thank you in advance


Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     07 November 2021

No, your mother can not execute gift deed on basis of GPA, she can sell house and execute sale deed but can not execute gift deed.GPA is a authority given by principal to agent to do some acts on behalf of him so to execute  gift deed principal's specific authority and name and details of donee is required and in absence of such specific authority and details of donee in Goa, GPA holder can not execute gift deed.

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2021

Yes.  Agreed with the advice of the above learned expert Mr. Bhartesh Goyal sir. If the GPA Principal (owner) is alive, then obtain a conveyance deed from the owner to your mother.  If the GPA Principal (owner) is not alive, the GPA is invalid.

G.L.N. Prasad (Retired employee.)     08 November 2021

First, get the gift deed registered, then face such consequences if any legally.  Let your mother state that she is enjoying possession and profits since ......(more than 15 years).

It is left to those who claim the land to go for litigation, never part possession.

Rajat Gaur   08 November 2021

Thanks for your reply !!
If Gift deed can't be executed, Whether she can legally sell it me and write a Sale deed or not ??
please reply

G.L.N. Prasad (Retired employee.)     08 November 2021

A transfer can be made either by gift or sale.  Because gift deed registration expenses are nominal, go for the same.

1 Like

P. Venu (Advocate)     09 November 2021

To my understanding, your mother can transfer whatever rights she is having. Presently, her rights are that of possession only and that holds good against the whole world except the true owner. If the true owner asserts her title, the doctrine of adverse possession could be a substantial defence


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