Raja (Advocate) 26 January 2024

Sale deed or gift deed

Hi Experts. can you provide your advice on below

Father's property was sold by Daughter in 1995, Without the knowledge of Father & sale deed was executed by daughter via Notarized Power of attorney ( POA was fake).
After 20 year again i.e 2015 Father again gifted the property to Daughter and Daughter again gifted the property to her daughter again,

Note - Person who had sale deed from daughter did not pay tax or transferred khata till 2020, will this sale deed executed via notarized POA valid in 1995.

Now whether Sale deed sustains or gift deed !!

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 26 January 2024

The registered sale deed executed by the power agent in the year 1995 is valid, moreover the principal never challenged the said sale deed then or after that.

This clearly indicates that the original owner/principal has ratified the sale deed executed by the power agent.

Therefore the sale deed which is the principal document will remain valid and not the gift deed, the title holder can object to the gift deed and get it nullified.

Raja (Advocate) 26 January 2024

Originally posted by : Raja
	Hi Experts. can you provide your advice on below Father's property was sold by Daughter in 1995, Without the knowledge of Father & sale deed was executed by daughter via Notarized Power of attorney ( POA was fake does not have witness, seal notary does not hav register number of advocate, Signature of notary advocate is fake). After 20 year again i.e 2015 Father again gifted the property to Daughter and Daughter again gifted the property to her daughter again, Note - Person who had sale deed from daughter did not pay tax or transferred khata till 2020, will this sale deed executed via notarized POA valid in 1995. Now whether Sale deed sustains or gift deed !!