My brother and I got a property in form of a gift deed from my mother. The property was divided and gifted to both of us. My brother and I signed on the separate registration documents as donees. Now we would like to cancel the gift deed and return the property to our mother. But the thing is, currently I am not in India to cancel the gift deed. So, I want to give the power of attorney to my brother for cancelling the gift deed document. Here my question is, can I give the power of attorney to my bother for only this property? If so, does the POA apply only to the cancellation of the gift deed? Will I lose my powers on the property forever? Will I be able to get my share of the property in future in case my mother wants to do a sale registration to me?
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So, there's no concept of cancelling a validly executed gift deed. What you need to do to put to this property back to your mother, is to execute a fresh relinquishment deed in favour of your mother, relinquishing this property earlier gifted to you back to your mother.
You are free to give a power of attorney to your brother, to execute a relinquishment deed on your behalf here in India.
Once you cancel the gift deed and gives the same back to mother them the said property cones in control of mother. If she wants in future she will give it to you. The POA if only given for cancellation purpose will only work for cancellation only and not for other purpose
Hello,
You can execute a POA from the nation of your residence through the Indian Embassy/Consulate. Later on sent to India for registration. Instead of applying for cancellations straight forward give legal ownership rights to your mother for the said property.
Plus in this POA you can mention that sale should be performed towards you only.
Just for beneficiary sake you're transferring property on your mother's name.
You can execute specific POA in favour of your brother for cancellation of gift deed
it should be attested before Indian consulate
your mother can execute will bequeathing property to you or execute sale deed in favour of any person
You can give a specific power of attorney to your brother to execute a registered cancellation deed to cancel the gift deed alone and can make a mention in the deed that the power deed shall stand automatically cancelled after the specific task has been executed/completed.
1. You can give POA to your brother, to sign on your behalf, to cancel the Gift Deed. The narration in the POA has to be only for this property, to cancel this particular Gift Deed.
2. Assuming that your father is predeceased, after cancellation/revocation of this Gift Deed, your mother will have absolute rights ( assuming that you have no other siblings apart from your brother) to take any decision regarding the property, including disposing of the property and to use the proceeds as per her sweet will and wish.
3. However if the property is intact at the time of her interstate death ( without executing a WILL), then you will inherit equal share in the property alongwith your brother ( assuming that apart from brother, there are no other siblings ).
You and your brother may gift back your respective shares to your mother. For that specific purpose, you may empower your brother by means of a special PoA. Afterwards, your mother may leave a Will. If she does not, both you and your brother shall be entitled to your mother's property by automatic succession.
