Only mother. Hope gift deed is registered. 

Son 1 has no role. 

Collect original gift deed all chain of documents. 

Will have no value in the life time. 

1) will takes effect on death of testator 

2) not entitled to ask for registered will 

3) you are entitled to inspect original GPA 

4) generic POA is acceptable as power is given to sell ,gift all properties 

5) you can purchase property from mother as once gift deed is executed she is absolute owner of property 

1. Execute a GPA in favour of brother to purchase property from mother, giving details of property.
2. A  GPA without particulars of property is not valid, as it a legal device to deal with particular property. 
3. Obtain proof of his Indian origin.
4. GPA will be part of sale deed and copy of can be obtained from executer.

1. As the self-acquired property in question was gifted by Son-2 to his mother in 2015, only the mother needs to execute and register the sale deed.

2. The PoA has no relevance to the self-acquired property of S0n-2 which was gifted to his mother in 2015.

3. Engage a competent lawyer to scrutinise all the title documents and offer hi/her written opinion before you proceed with the purchase.

4. Leave it to your lawyer to decide.

1. Insofar as this particular property is concerned, the mother is now the absolute owner with clear and marketable title on her name by the virtue of the registered gift deed through which the property was transferred to her name.

2. The alleged generic POA deed is a nominal one without any value or would be considered as legally valid especially if this POA deed is used for transferring the immovable property because there are no particulars or details of the property to be transferred, hence it is void.

3. Your vendor should provide you the original gift deed, original sale deed on the name of her donor, the link document in original in respect of the property sold by the vendor to the son2, encumbrance certificate, property tax receipts, mutation records if any, khata and any other relevant documents pertaining to this property.

4. You do not have to concentrate on the POA or the Will because they do not play any role to this property.

1. To execute the sale deed in your favor, the mother (as the seller) and you (as the buyer) are the necessary parties. The mother should sign the sale deed and transfer the title of the property to you. You should pay the agreed sale consideration and register the sale deed with the sub-registrar’s office. You may also need two witnesses to attest the sale deed.
2. The generic GPA given by Son2 to Son1 is legally acceptable, but it may not be relevant or useful in this transaction. This is because the GPA only authorizes Son1 to act on behalf of Son2 for his properties, but not for his mother’s properties. Since Son2 has already gifted the property to his mother in 2018, he has no right or interest in that property anymore. Therefore, Son1 cannot use the GPA to sell or buy that property on behalf of Son2.
3. There are some other documents that you can request Son2 to assist in your sale deed process, such as:

   • A copy of the gift deed executed by Son2 in favor of his mother in 2018, to verify that the property was legally transferred to her and that she is the absolute owner of the property.
   • A copy of the registered will executed by Son2 in favor of his mother, to confirm that he has no claim or objection to the sale of the property by his mother.
   • A no-objection certificate (NOC) from Son2, stating that he has no objection to the sale of the property by his mother and that he will not challenge or dispute the sale deed in future.

4. You have the right to ask for the will document and the generic GPA document from Son2 or his mother, as they are relevant for your transaction and may affect your rights and interests as a buyer. You can also verify these documents from the concerned authorities or offices where they are registered or recorded.

Yes you can ask the same. Only the true owner can execute the sale deed and gpa executed by him will be useful 

To execute the sale deed in your favor, you would typically need the involvement of the mother (since she is the current owner), Son2 (the original owner), and potentially Son1 if he has been granted power of attorney (GPA) by Son2.

Moreover in India general power of attorney is valid. General Power of Attorney (GPA) is a legal document that gives someone the authority to legally act on your behalf in a certain situation. This can be useful if you are unable to make decisions for yourself, or if you need someone to help manage your finances, property, or other important affairs

Besides the GPA, you may need other documents like property titles, clearances, and any relevant tax records. 

Regarding the Will document and Generic GPA, you may have the right to request them, but their disclosure would depend on the willingness of Son2 and Son1 to share these documents. In some cases, these documents may be private, and their sharing may require the consent of the individuals involved.

1.  Mother alone has to execute the registered Sale Deed in your favour.

2.  Generic GPA is vague and lacks clarity. It can be interpreted in anyway depending on the circumstances. Let S1 and S2 sign as consenting witnesses in the sale deed being executed in your favour.

3.   You can ask for a copy of the WILL and the Generic GPA documents, which have reference to the property, since you are the buyer. 

1.  Since, this is self acquired property of Son2 , who has registered the Gift deed in the name of mother , then she is entitled to sell the same without the consent of SON1 , his family members and the family members of Son2 even. 

2. After registration of Gift deed of the said property , the GPA lost its entity given by the SON2 , however the Son2 should either execute a cancellation deed or can send a legal notice to the Son1 for the cancellation of the given GPA . 

3. You should take all the earlier chains of documents related to this property. 

4. Yes, if it related to this property . 

Dear Sir, 

Out of many options available, one of the best ways will be to execute on SPA by son 2 to son 1 or to come directly and do the things his own. 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.