Such GPA is valid, to the extent of gift to children of attorney, but not to herself.
Can a father execute a Registered GPA in name of his daughter which enables her to Gift the property to herself and also her children in Karnataka. If it is clearly mentioned in the registered GPA that she can in future gift the property to herself and her children. Will the above GPA and the subsequent Gift deed be valid documents.
Please draft a sentence to make provision in the registered GPA that she can in future gift the property to herself and her children.
father can execute registered specific power of attorney authorising his daughter to execute gift deed
not necessary to mention in POA regarding gift to herself and children
If the registered GPA authorises the power agent to perform the said acts i.e., to transfer the proeprty unto herself by a gift deed or sale deed or to any other person, can be considered as a legally valid document for this purpose.
You can get the deed drafted by a local advocate or by a document writer in the local which would be more proper and effective.
Once the property is gifted by you through her, it becomes her property and she is fully competent to dispose it gift it to anyone.
1. A father can execute a registered GPA in favour of his daughter, which enables her to execute the Gift Deed both as Donor and the Donee.
2. Based on (1) above, the daughter will become sole owner of the property and later on the daughter can gift the property to her children.
A person cannot gift/sale/transfer to himself. There has to be donor and donee, seller and buyer, transferer and transferee. Principal cannot executed GPA giving power to Attorney to gift property of herself, power can be given to gift other person but not to attorney himself.
Dear Client,
A documentation lawyer is aware of good drafting technique and the clauses that must be included in your GPA. It is also important to discuss the legal implications of executing a general power of attorney with a lawyer, since the principal shall be legally bound by the actions of the agent acting under the general power of attorney. This may have adverse consequences for the principal which need to be foreseen.
Thanks & Regards
- Yes, father can execute a registered GPA/SPA to allow her to transfer the said property to the child
- However, she cannot use this GPA for her personal gain i.e. she cannot transfer the property in her name after becoming an attorney holder., except she can registered gift deed in her child name only.