Whether gifted property can be purchased
Whether property received in gift without registering the deed can be purchased from the person who has received it?
Whether it will effect the registration process if purchased?
Whether the person holding POA do have rights to sale the property and if so then could the Sale deed be registered?
Asked 4 years ago in Property Law from Mumbai, Maharashtra
no dont purchase the property . gift deed has to be stamped and registered . in your case the gift deed is not registered . so avoid purchasing the property .
whether POA is registered ? whether it is given in favour of close family relative . in such a case POA can sell the property and sale deed should be duly stamped and registered .
In former case regn may not be effected but original ownership of seller at a later date can be challanged.
Advocate, New Delhi
Gift deed should get registered unless parties are not governed by Muslim Law.In this case,if it is so, you can go ahead with the plan of purchase of the property which was acquired under unregistered gift deed.
Gift deed must be registered otherwise it is not a valid gift.
If the gift deed has not been stamped and registered then do not risk purchasing it as it may subsequently be challenged by any one having semblance of rights in the property of which the gift was made.
Has the POA been made in favour of a blood relative? Has it been registered? If it has been registered then the POA holder can sell the property. Sale deed has to be stamped and registered according to the law.