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Mitul Kumari (Practicing Advocate)     14 April 2021

Special power of attorney

Can  a Donee execute SPA to register a Gift deed ?



Quick Summary
This discussion clarifies whether a Donee can execute a Special Power of Attorney (SPA) to register a Gift Deed. It confirms that while the Donor can grant an SPA for presenting the deed, the Donee may also need to provide a registered SPA for accepting the Gift Deed, especially if both parties are unable to attend the registration office in person. The importance of registering both the SPA and the Gift Deed for immoveable property is also highlighted.

 3 Replies

Pradipta Nath (Advocate)     14 April 2021

Yes; the POA should be registered in case it is an immoveable property and also thereafter the gift deed should also to be registered by the donor and donee, identified by the POA holder separately in reference with the registered POA..

Mitul Kumari (Practicing Advocate)     21 April 2021

The Donor and Donee have signed the gift deed and they are both unable to come to  the place where the Gift Deed has to be registered.

The donor has already given a registered SPA for presenting the Gift Deed on his behalf. 

Can the Donee also give a registered SPA for acceptance of Gift Deed in the registration office. 

The property is in a village. 

Pradipta Nath (Advocate)     21 April 2021

Special Power of Attorney is needed in this case by the donee too. Also please appraise the issue with the concerned Registrar.


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