General power of attorney
my in laws gave his son GPA jointly. after some time my father in law passed away , after few years my husband gift me the property which was in name of my mother in law. i want to know if now my mother in law wants to take back that property from me can she has right to do so ?in that GPA my husband has a fully right to do so. It's mention there he can gift property to his wife. woh apni bahu ko property gift ker sekta hai this is the line written in GPA. Now i am not having a good relationship with my husband and mother in law so they defiantly wants that share back . i want to know if they have right to do so ?t plese keep this question privata. thanks
Asked in Property Law from Panipat, Haryana
1. Since the authority conferred by your in-laws contained the authority to gift the property to you the gift made by your husband in your favour is legally valid subject to the registration of GPA.
2. Unless the said document is by reason of its language not a GPA it had to be registered in accordance with the law.
3. Neither your mother-in-law nor your husband can claim the property after the gift deed has been made in your favour.
its a registered GPA and in hindi. can this be possible if my mother in law says i dont know about this my husband told me to sigh the document. because it was jointly given.and my father in law is no more. can she challenge theGPA in court. thanks
Asked 2 years ago
1. No she can not do so. You Are silent as to who was the owner of the property? if it is your mother in law then she can do nothing. But if the property was in joint names of your in laws then on the death of his father the GPA comes to an end by virtue of the said gift deed only your mother in law's share passed to you and your father in law's share remains open for devolution between your husband and mother in law.
1) if power of attorney executed by mother in law is registered your husband had full power to execute gift deed in your name
2) i presume gift deed is duly stamped and regd
3) gift deed cannot be revoked by mother in law as title in property has passed on to you
1. Your mother-in-law cannot claim that she was unaware of the contents of the document.
2. She is free to go to court as any other citizen is, but going to court alone does not get you the legal relief. Since the document is signed by her and further registered she cannot divest you of your ownership.
3. If she goes to court then you may fittingly contest her case.
1) your mother in law can move court for setting aside gift deed on grounds of fraud or coercion
2)the issue would what was your MIL doing for so many years?
3) she could have easily revoked POA in favour of her son
4) chances of success are bleak . i preumse your mother in law is an educated person . she should have read contents before signing the said document
Your mother-in-law can challenge the GPA executed by her in favour of her son stating that she was made to sign without going through the contents of GPA and she signed the same under coercion.
No she doesnt have the right to take away the property from you. If that property has been gifted to you, it must have been shown in the return of income tax filed by your husband as a gifted property to you. Your mother in law cannot deny the contents of the documents at such a stage now when she agrees that she had signed the document knowing that it will give property to the son.
1. A Gift Deed, properly executed and registered, can not be revoked unless it is a conditional gift deed,
2. No. the said gift deed can not be revoked now.