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rehana (fh)     07 October 2011

Gift

 

My father (Mr. B) purchase a property from a landlord (Mr. A)

Mr. A gave GPA in my father name (Mr.B)

My father never registered this property.

now my father can gift the property to her plz reply me



Learning

 2 Replies

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

Rehena,

Obtaining a Power of Attorney for a property instead of registering the sale deed, is a risky factor.  Hence, immediately register the sale deed in respect of the property in favour of any one of you.  Further, a power of attorney would become invalid as soon as the death of either Principal or Agent.  Also Ensure that the Principal is alive before registering the sale deed and also check with the Sub Registrar Office, whether the above said power of attorney is cancelled by the principal (land lord) without notice to you.  Hope that you would have the original documents with you, if not find the landlord and obtain the original documents immediatley.   

Arjun Jaganathan (Advocate)     08 October 2011

Mr. Rehena,

1. A Power of Attorney is not equivalent to a registered sale deed. The purpose of GPA is to ease the work of the principal by appointing an agent to do the acts on behalf of him, like selling the property, obtaining permissions like building plan approval etc., 

2. The principal (the seller) can any time cancell the GPA.

3. Only a registered owner of the property can gift the property, not a GPA holder (i.e., your Father).

REMEDY: Since your father is a GPA holder, you can ask him to directly rigister the property in your name, because, a GPA holder cannot register ther property in his own name.

 

 


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