I have POA from my Father who give all rights as he have on property like sale deed ,hire a layer,conversion,all things as he do. 1) can i transfer this property in my name or any Relative,or friends??? 2)how i can transfer to my name????
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1. Using this POA you can execute a gift deed in your favour
2. the donor will be your father acting through his POA holder ie you and Donee will be you
3. no consideration is required for a gift deed
4. similarly the POA can be used to transfer your father's property to your relatives or friends
you can on basis of POA execute sale deed in name of relative or your friends
2) if your father wants to transfer property in your name better do it by gift deed . father can execute gift deed in your favour
hello,
yes, you can do all of those things if a general power of attorney has been granted to you. kind see if it is a general or a power of attorney which gives you certain specified rights only.
the transfer process has to be done in the registrar office and engage a lawyer who will do the needful.
regards
Dear Cleint,
Your right via POA restricted to transfer property in your name and in others without sale or gift deed.
In your name it cannot be transfer through POA unless your father GITF the property.
1. You cannot transfer the property in your name unless your father enters a gift deed in your favour.
2. You can transfer property to your relatives or friends by executing a sale deed. Plz check the POA first and see if it gives you rights for the required purpose.
You can transfer sale or do any work related to property but you cannot transfer property in your own name.
The transfer can be done through registration of property by an agreement to sale subsequent to registration.
You are only the POA you cannot claim the ownership of such properties.
For obtaining properties in your name you will have to make a gift deed.
Through POA you cannot get the property in your name.
This is my response to you:
1. If the POA is given is there any sale clause?
2. If so, then is the POA registered?
3. Only if yes, then you can transfer the property to your friends or relatives;
4. If no then you cannot transfer to anyone;
5. With the existing POA you cannot transfer the property to yourself.
1. Transferring of property to own name of the attorney is not permissible since it is a matter of conflict of interest and if you do the same can be set aside by court.
2. if you wish to get this property then ask your father to do so through a deed of gift. Any other means to get his property would be a matter of back stabbing to your father which no son is expected to do.
POA is registered, Property is ancestors,Name of Father, He gives All legal rights to me (elder son ) 1)gift deed to me only or 2)Mother,2 brothers, without ME
POA can be revoked at any time by your father
2) best option is gift deed be executed by father in your name
3) gift deed should be duly stamped and registered
If all the legal rights are given to you, Absolute than agent can gift property to himself.
Hello,
If the property is ancestral then the power of attorney cannot be granted as your siblings also have a share in it.
This is in further response to you:
1. Ancestral property cannot be gifted (Ancestral property is property of inheritance of property by 4 generations of male lineage);
2. Only self-acquired property can be gifted;
3. Therefore if it is ancestral then your father can only give his share (not his mother's, your uncle's and aunt's share) of the property to you;
4. Therefore take your documents show it to a local lawyer and verify the same;
5. Also let the lawyer verify the POA that is in your possession;
6. If it is self-acquired property and POA is in your name then you can transfer it to anyone;
7. Later they can transfer it back to you.
1. yes you can transfer it in your name,
2. you can make a registered sale deed or gift deed in your favour and can sign as both seller and purchaser. Seller/donor on behalf of father and purchaser or donee on your own capacity.
See if the property is partitioned then it loose nature as of ancestral and it shall be treated as the self acquired of father only as it is name of father you can freely transfer in your name.
YOu can do as you wish to yourself or to all as you wish further is father alive??
as POA not valid after death.
1) For Ancestral property father does not have while rights on the property, all legal heirs will get equal share in the property. what your father has given POA it will be applicable for his particular shares and not others.
2) Need to know your family hierarchy history and who has purchased property and all mutation details. So can tell clear idea about your share and your father's shares distribution of the property.
3) As of now POA is not a valid document s per Supreme Court of India for immovable property.
Hello,
To sale a property you need SPA however if you want to transfer it in your name you need to convince your father to execute a gift deed.
Hope this helps
Regards
Sir POA does not entitled you the ownership of the property.
For ownership of the property you wl have to make a gift deed in the persons name your father desires.
Be it your or your mother or brother.
POA will only act as a nomination.
For ownership you will have to get the property transferred in your or your other family members name.
Sir as your property is ancestral, you via POA or your father cannot enter into gift deed in favour of any person. Your father can just relinquish his share of property in favour of you. For that he has to enter a relinquishment deed in your favour. POA is such cases cannot be used. Your father on his own has to enter a relinquishment deed in your favour.
Unless the POA specifically authorises to sell the property to yourself you cannot do it, However, you are free to sell it your relatives or friends unless there is an embargo engrafted in the POA to that end.
