Power of Attorney to execute Gift Deed in Maharashtra
I bought a flat in Pune which is registered under my father's name (I was abroad that time so I paid money to my father and he bought under his name as I was unable to come to India). Unfortunately my father expired last month and there is no WILL written on the flat. I have my mother, brother and sister in family. I understand that since property has no WILL so now it belongs to all legal heirs and my mother, brother and sister needs to gift their share of property to me and to do that a gift deed needs to be executed (or registered) at sub-registrar office in Pune and all of us need to physical appear at sub-registrar office in Pune.
- My sister has to travel abroad and can’t appear at sub-registrar office. So she gave me a power of attorney to authorize me to execute any deed(gift, release, sell etc.). We registered power-of-attorney in Rajasthan(As we live in Rajasthan)
- My mother is also unable to travel to pune due to poor health condition so I registered similar power of attorney in Rajasthan
- My brother and I will travel to Pune to execute gift deed.
As mentioned above, my sister and mother will not be able to appear physically at sub-registrar office in Pune and I have registered power of attorney from them (from Rajasthan).Only my brother and myself will go to pune to execute gift deed. So may I face some issue executing gift deed ?
Asked 2 years ago in Property Law from Udaipur, Rajasthan
Your father has gotten the flat registered in his name, now he died intestate, without leaving behind a WILL, the revenue documents to the property stand in his name, obtain a succession certificate, with NOC from the other members of the family and get the documents transferred to your name on the basis of this certificate, why do you want to show it as a gift from the other members of the family and complicate matters later.
a gift in the manner described by you is very cumbersome instead take a succession certificate and get the work done.
1) A power of attorney is to be registered at the office of the sub registrar within whose jurisdiction the person giving the power resides at the time of execution of the document.
2) since your mother and sister are having permanent address in Rajasthan POA can be executed and regd in Rajasthan
It is absolutely the discretion of the registrar to allow the registration of gift deed on the basis of POA
If the POA is registered and allow signing of gift deed there shouldn't be any problem.
1. The POA executed in your favour by your mother and sister, if it carries within its sweep the authority to execute the gift deed on their behalf, should suffice for the execution of the gift deed.
2. There must be express authority in the POA to execute the gift deed.
By a registered power of attorney deed you can become eligible to sell the property to yourself after passing on the consideration, however if there is no special mention in the POA deed authorising you to execute a gift deed to you by yourself then the POA may not be accepted resulting into non-execution of the proposed gift deed in your favor. As a matter of fact this POA could have been given to your brother who accompanies you to register the said gift deed which will not raise any speculation.
Actually, instead of gift deed, the other share holders could have relinquished their rights by executing a registered release deed in your favor through the same POA mode itself which would have been more effective.