• Can father execute Reg GPA in name of his daughter which enables her to Gift the property 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.
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

Such GPA is valid, to the extent of gift to children of attorney, but not to herself. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

get POA drafted by local lawyer 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2499 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2499 Consultations

Yeah that gift deed is valid and she can gift it to herself and her children.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You can gift your self it's not legal and tenable. Father can gift daughter

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

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. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

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

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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