Kindly clarify whether POA is attested before Indian consulate or not
if NRI has executed POA abroad it has to be attested before Indian consulate
gift deed on basis of such POA would be valid
Gifting property by GPA holder to her daughter
NRI (US)gave GPA to his Indian sister to sell or gift to his relatives without specifying any name.She transferred the property to her daughter through registered gift deed. Now I entered into an agreement to purchase that property (in AP)with gift holder ie daughter. I want legal ópinion on the above process before going for registration on my name and suggestions if any to make transaction valid.
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
1. Unregistered GPA has no legal validity subsequent to the Honourable Supreme Court judgement of 2011. Hence if the GPA was given by NRI (USA) to his Indian Sister to sell or gift has to be examined as to whether it was given prior to 2011 or after 2011, and if so, whether it was registered?
2. Whether it was a conditional Gift Deed? Or was it a Irrevocable one?.
3. Whether the Principal who gave GPA to his Indian Sister, was alive on the date of registration of Gift Deed?.
The GPA holder has been authorized to transfer the property by the principal to a third person by any mode.
Therefore there should not be any legal infirmity to transfer the property by a gift deed to her daughter.
However you may obtain a legal opinion before venturing into the purchase of this property.
The principal is alive,the GPA was signed in USA and registered in India in 2022.The GPA is irrevocable and authorised for gifting to relatives but did not contain the name of the daughter to whom it was gifted.Is the transaction legally valid? If not what needs to be done now?
Asked 3 years ago
it does authorise gifting of property to relatives . gift deed is valid
From your subsequent post it can be seen that you have not read the recital so the GPA deed properly or perhaps you have misinterpreted them as per your understanding and are3 standing confused over the issue.
If there is a mention about the schedule of property to be sold or alienated either by gift deed or sale deed, and if it has been stated that the power agent can transfer/alienate the property in any manner as prescribed in the deed and to whomsoever he or she may decide to, then this deed can be considered as a valid deed empowering the power agent to proceed with the proposed transaction by a registered deed in favor of the prospective purchaser.
Hence you were advised to obtain a proper legal opinion from a local lawyer by producing the relevant property papers including the GPAdeed and proceed only if recommended.
If you hesitate to spend money on legal opinion at this stage then you may be subjected to suffer heavy loss at a later stage if the title is defective or disputed in the court of law by way of litigation expenses.
Choice is yours becasue any expert lawyer of this forum can render opinion to your issue limiting himself/herself to0 the extent of the information furnished by you without knowing whether the information furnished by you is true or fabricated to your convenience.
As it is a general PoA with power to sell or gift the principal's property to any relative, it is legally valid. Since it is registered and not revoked till date, its validity is perfect.
1.The said POA is required to be examined for commenting on the validity of the gift deed.
2. Was the POA signed by the executor before the appropriate officer of the Indian Consulate at USA?
3. Was the above signed POA sent to India to the POA holder and he/she had arranged to affix the Rs.50.- stamp from the Stamp Collector?
4. If, not then the said POA is invalid and the subsequent gift deed registered based on the said invalid POA is also invalid and it can be challenged for which you should refrain from buying the said property.
1. If the GPA was signed in USA then how was it registered in India without her physical presence before the Registrar? Check it properly.
2. However, if the GPA is perfect, then the subsequent gift deed is valid and you can deal with it.
3. The validity of the GPA is most important in this case.
Dear client, The simple answer to this question is yes it is allowed.
He can gift it only by executing a fresh registered sale deed along with the POA
