1.The agency is not valid if there is conflict of interest in the conduct of the attorney.

2.Sso transferring the proeprty from the owner by the attorney to himself is surely an act which is not pemrisisbleudner the alw of agency.

3. So the transfer is invalid and liable for set aside if Subhash ever files a suit for declaration for setting aside the deed.

4. So it is not wise to buy this proeprty.

Gift deed without the property owner sign not valid ( Even if POA was given to sell ) .

Mukesh would be absolute owner of property

2) father had executed power of attorney duly attested before Indian consulate

3) on basis gift deed could be executed by son and later sale deed

Signature of father is not necessary on gift deed or sale deed executed by son

NOC by father that he has no objections to son selling the property to Mukesh is sufficient

You are absolute owner of property

Refer Section 122 of the Transfer Of Property Act, 1882 .

Can you share me the POA and Gift deed for further study.

Sorry you have a very bad case even if my rely may not fulfil your wish to learn only what you want to read.

1)?When was POA executed ?

2) Prior to April 2013 notarised POA was valid

3) It is only after April 2013 in Maharashtra registration was made mandatory of POA

4) in any case POA was attested by Indian consulate and validated in India before registrar

1) POA has been attested before Indian consulate

2) validated before registrar of assurances

3) however POA has not been registered

4) registration is mandatory of POA for sale of property after 2013,

Without a perusal of the POA it cannot be ascertained whether the POA holder had the competence to execute the gift deed in his own favour. The agent has to perform the acts for and on behalf of the principal. The power to an agent to sell, even if specifically conferred by the POA, does not ipso facto permit the agent to execute a gift deed. If the power to execute a gift deed was not specifically conferred by the POA then he could not have executed the gift deed.

If the NOC has been made by the title holder to authorize the agent to sell the property then the latter had the competence to execute the sale deed, but he could not have executed a gift deed in his own favour and thereby transferred the title of the property to himself unless the competence in this regard flew from the POA itself.

1. The GPA for the sale of immovable property has to be mandatorily registered. The title cannot pass if the POA is unregistered.

2. Consult a lawyer with the complete set of documents to get a concrete opinion.

If this was the registered power of attorney deed and the recital of the deed authorise the agent to execute a gift deed also besides sale or other activities, then the gift deed is well within law and valid.

The subsequent sale deed is also valid and the buyer becomes the absolute owner.

no signature of Subhash (father) on gift deed or consequtive Sale deed made by Vimal (son) in favor of Mukesh.

It was not necessary for the principal to sign the gift deed since he has authorised his power agent to go ahead with the transactions therein

Noc by Subhash (father ) stating that he has no objection in Vimal (son ) selling the house to Mukesh is present . Also I Mukesh have the Reciept given by Subhash for recieving the Sale proceeds.

Possession of the house is with me.

In my opinion, you should not have any legal problem in this arrangement and the transactions.

The transactions appear to be legally valid.

Un registered POA is a valid? There is lot of confusion that poa is to be compulsarily registered incase of immovable property. (here the poa was from NRI father to son, which was attested by consulate in Dubai and validated here by registrar of assurances by paying stamp duty of 4000/-

The power of attorney deed duly attested by a notary public in Dubai and has been validated by a registrar in India and the stamp duty also has been collected, hence this should be a valid POA deed.

Poa was executed in July 2015 in Dubai, attested there by consulate General of India, then Validated by the district registrar of assurances in Hyderabad. Within 3 months gift deed was made which was registered.

The POA deed duly validated by a registrar in India is equal to the registration since the stamp duty also has been paid for it.

1. If the said POA executed by Subhash in favour of Vimal authorises him to execute and register a gift deed in connection with the scheduled property of Subhash, then the said gift deed executed and registered by the POA holder Dinesh in favour of himself is perfectly valid and lawful.

2. If Dinesh has executed and registered his said property to Mukesh by following the rules, then Mukesh is the rightful owner of the said property.

1. Subhash has executed the POA in favour of Dinesh for which all the acts Dinesh as has been authorised in the said POA in connection with the scheduled property will be binding on Subhash.

2. Subhsah is not required to sign any of the subsequent deeds in connection with the said property

1. Mukesh being yourself, also having the physical possession of the said property, is its rightful owner.

2. Get your name mutated in the land records.

1. Since the POA has been notarised by the appropriate officer of Indian consulate and has been registered afterwards in India before the RA, it is a registered POA which is valid.

2. Since the registration fee has been paid to the Registrar, the said POA is considered as registered.

1. The POA was lawfully notarised, lawfully registered and based on the said registered POA, the gift deed was executed and registered.

2. Hence, the said gift deed registered in favour of Dinesh and the subsequent sale deed registered in favour of Mukesh is valid.to