It’s valid but for specific gpa and POA drafting you need to seek consultation from lawyer. Random answer to your question will not help you
Gift deed
My wife distance relative uncle gave me a GPA with power to sell of an agricultural land. Uncle was residing in USA and send me validated of GPA from USA attorney and later I paid 1% fees in India further validation of registration. After some time he gave me video clip/whatapps instructions to do registered GIFT DEED to my wife name. I did the register gift deed on wife name and mention her father name as D/o of …..Instead husband name. Later after 14 month uncle died and thereafter his family wants land back. They says that as per this GPA content is not valid for GIFT DEED and it would be cancel as per court. PLEASE I NEED SUGGESTION AND SOLUTION TO SAFE GUARD THE PROPERTY. The GPA content as follows:::::::: NOW THEREFORE THIS GENERAL POWER OF ATTORNEY WITNESSETH: 1. I hereby fully authorize my attorney to represent me and appear on my behalf before all the offices of Registrar, Sub-Registrar, Central or Quasi Government Offices, Mandal Revenue Office, Collectorate, Revenue Divisional Office, etc. in respect of the sched le property. 2. I hereby authorize my Attorney to receive money and pass receipts for the profits, rents, benefits, etc; in any manner in respect of the scheduled property. 3. I hereby authorize my Attorney to deal with the scheduled property in all manner and to sign in my name and as my acts and deeds and to execute verify and deliver any plaint, written statement, contract, agreement, lease, assignment or conveyance of and concerning the scheduled property. 4. I hereby • authorize my Attorney to deal and dispose of the scheduled property to any person or persons by executing Registered Sale Deed, Agreements, Agreement of Sale-cum-G.P.A. with possession, etc. on my behalf and if necessity arises to execute Rectification or Ratification Deed in respect of the schedule property on my behalf. 5. I hereby authorize my Attorney to hand • over the vacant, physical possession of the schedule property to the prospective purchaser or purchasers on my behalf. 6. I hereby authorize my Attorney to appear before any registering authority and to represent before him any instrument whether signed, executed by me or by my said Attorney to admit the execution of the said deed or deeds, to admit the receipt of consideration and to do any act, deed or thing that may be necessary to complete the registration of the said deed or deeds and when it has been returned to him after being duly registered, to give proper receipts and discharges for the same. 7. I hereby authorize my Attorney to commence, carry on or defend all actions and other proceedings concerning the scheduled property or any part thereof or concerning anything in which I may be a party. And to compound compromise or submit to arbitration all actions, suits, accounts, claims and disputes between me and my other person or persons. And to engage pleader, lawyer or advocate to conduct any case, suit or other proceedings in any court, eithe
Asked 1 year ago in Property Law
Religion: Muslim
7 Answers
If you have the video clip of uncle then you can take stand justifying gift. You have exceeded GPA but so far gift is concern the same is not illegal. If required consult with detail
GPA does not authorise execution of gift deed
2) gift deed would be set aside by court
Until and unless there is a specific mention about transferring the property by gift deed also, the power agent cannot exceed his rights or power
If the matter reaches court, the decision will be adverse to you.
Hence better compromise with them and look for an amicable settlement.
- Since, the said GPA under clause 3 to 6 is showing that you was having to transfer that property on behalf of the principal to any one, hence you was having right to transfer that property to your wife by way of gift deed.
- Further, if the said gift deed is registered in your wife name , then it cannot be cancelled on any ground , specially after the demise of principal.
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GPA Limitations: A General Power of Attorney (GPA) typically allows the attorney to sell, manage, or deal with property but not to gift it unless explicitly stated in the GPA document. Since gifting was not specifically mentioned in your GPA, this could render the gift deed invalid if challenged in court.
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Family's Claim: The uncle’s family may have grounds to claim the gift deed is invalid since it exceeds the powers granted by the GPA. They could argue that a gift deed, especially in favor of the attorney’s spouse, goes beyond what was authorized.
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Steps to Safeguard Property:
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Consult a Lawyer: Engage a property lawyer immediately to review the GPA, the gift deed, and other documentation to assess your position. -
Defend in Court: Be prepared to defend the validity of the gift deed in court, emphasizing any implied or explicit instructions you received from the uncle. -
Possible Rectification: If the court finds the gift deed invalid, you may explore rectifying the issue through other legal mechanisms, possibly negotiating with the family to validate the transfer through a proper legal route.
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Dear Client,
In your situation regarding the General Power of Attorney (GPA) and the subsequent gift deed, the GPA you received from your uncle allows you to manage the property.
According to the Supreme Court of India, a GPA cannot be used as a means for the sale or transfer of immovable properties. The court has further held that the holder of a GPA does not possess any rights or interests in the property and cannot sign a sale deed on the owner’s behalf. So, if you have also executed a gift deed in favor of your wife, the gift deed may not stand solid as it was created under a general power of attorney that does not specifically permit the gift to be made.
The relatives of your late uncle may have legal grounds to recover the property based on these principles. They can contend that the gift deed is ineffective as it goes beyond the powers of the GPA. In order to protect your position, it is best to collect all records in relation to the GPA as well as the gift deed. Further, the procedure may include filing a suit for declaration of title or seeking protection of possession in a civil court. The jurisdiction for filing would typically be where the property is situated.
Hope this answers your query.
