Hopefully I will get some answer to the below questions.
"A" - Father . Bought the property or the property is registered on his Name. Died (in accident) in 2008 with NO Will or GPA given to any other family member
"B" - Mother. (has the registered GPA)
"C" - Elder Son
"D" - Daughter
"E" - Younger Son.
"C","D","E" has given GPA to the mother ("B") in 2009 after the demise.
I totally understand the the mother ("B") has the rights to sell the property but can she write a gift deed in the name of "C","D" or "E" ?
I am Hearing an opinion that she CANT do that as C,D,E gave her the GPA.
Additional thing is that "C" (Elder son) is not available currently as he is in other country stuck on his visa issues.
Is it correct?. Experts advice is needed
Asked 2 years ago in Property Law from United States
1) a POA is given by the owner of a property having certain rights and interests in it to his agent, granting him the power and authority to carry out acts in relation to that property for and on behalf of the owner. The POA will be legally valid and binding on the owner to the same extent as acts carried out by the owner himself directly.
2) in the present case C , D E have executed POA in favour of mother .
3) if the POA authorises mother to execute gift deed she can execute gift deed in favour of any person including C , D or E
1. Well the GPA ha nothing to do with the deed of gift to be executed.
2. The mother can always gift her own share to anybody she chooses including the co-sharers.
3. Gift is also transfer like Gift as per Transfer of Property Act .
4. If the GPA is registered then mother can represent her son for the purpose of transfer of the proeprty.
After the death of father, B C D E are the owners of the property .In this juncture B has to make a gift deed / release deed only for her share is enough to transfer the property to C, D, and E.
Power-of-attorney is a legal document provides legal authority given by one party (the principal) to another (the agent or attorney-in-fact) to act on the principal's behalf.
Power-of-attorney document is tailored for its specific purpose; your agent cannot act outside the scope designated in the document.
So if the Power-of-attorney authorized B to execute gift deed then B can execute gift deed in favour of any person including C, D or E. Other wise has some legal issues may arise in future.
1. The mother has to operate within the four corners of the GPA given to her by her children. Unless the GPA expressly authorizes her to execute a gift deed on behalf of C, D and E, she cannot execute one.
2. She is, however, at liberty to gift her share in the property to any one she desires.
3. GPA holder has the the right to act for and on behalf of the principal and exercise the power conferred on him by GPA. Any act by GPA holder binds the principal as if the same was done by the latter to intents and purposes.
1. It is to be seen as to what has been mentioned in the said POAs executed by her sons. If she has been absolute authority/power to deal with their shares of the property including executing and registering a gift deed, then she can surely perform the act of legally gifting the property to any one she wishes to,
2. Hope the said POAs have been registered,
3. Present location of 'C' has no relevance to the Gift Deed to be executed and registered by his mother.
Hi, when GPA is executed by sons to her mother and mother has right to alienate the property by way of sell or gift.
(2) In your case mother has executed the gift deed in favor of her sons and daughter and in this case mother has no right in the property she has already gifted her share to sons and daughter and your interest will not affect any more so it is valid transaction.
The GPA given by your father to your mother is no longer valid after his death, even if it contained a power to Gift. The GPA holder is an agent of the Principal. After the death of Principal, agent can not do acts which the principal can not do now. The situation now is that you legal heirs BCDE have one share each in the property. Your mother or any of you can dispose of your share of property after it has been identified as per your wishes.
Advocate, New Delhi