• Registration of Gift deed through SPA

My grandfather's brother in law (Donor) wants to gift his house to me(Donee). Donor's age is above 80 and he can't travel much. He resides 600 KM away (In Siwan , Bihar)from property ( to be gifted , is situated in Ambikapur Chhattisgarh) . The maximum donor can do is execute a SPA in favour of my grandfather in office of sub registrar at Siwan (Bihar) , who will afterwards compete the formalities of registration of gift deed to Donee by physically being present in office of sub registrar Ambikapur ( in whose jurisdiction the property to be gifted is situated ).Please guide me .
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1. Yes the process is absolutely correct.

2. The donor can very much execute and register a POA from his present place of residence in favour of his close relatives.

3. On this basis he can gift the property to you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) donor can execute special power of attorney in favour of your grand father

2) POA should be duly stamped and regsitered in siwan Bihar wherein he is residing

3) your grand father can then execute gift deed in your favour in Ambika pur

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If he executes a registered SPA then the agent i.e your grandfather can execute the gift deed in the office of sub-registrar for and on behalf of the principal i.e your grandfather's brother.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if the absolute owner of the property is unable to appear before the sub registrar then he may execute a Special Power of Attorney and his attorney have all rights as he has till he alive.

gift deed can be executed by SPA Holder and will be valid in all India.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. the SPA registered at Siwan will not be accepted for conveying the title of the property at Ambikapur situated at another state.

2. So, the donor shall have to take the trouble to travel to Ambikapur for registering the said gift deed in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The procedure what you have stated appears to be a correct procedure to be adopted in this connection.

Your grandfather can get a power of attorney registered on his name from the registrar's office situated in the jurisdiction of the donor and can execute the gift deed in your favor on his behalf at the respective place where the property is situated

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) once gift deed is executed by donor then donee becomes absolute owner of property

2) suit for seeking aside gift deed can be filed on grounds of coercion or undue influence

3) gift deed cannot be unilaterally cancelled

4) it can be done only through court orders

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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