• NRI wants to do Gift Deed and General Power of Attorney questions

This is about an apartment in Hyderabad, Telangana, India which I purchased 8 years ago.

- I gave GPA many years ago to a relative to execute sales deed and register the apartment on my behalf. Could he sell it without my permission in future and collect the proceedings to himself based on the earlier GPA? I have not cancelled that GPA after registration of my flat.

- If I lost my original flat registration and sales deed documents, can I get a certified copy from registrar office and use it to execute a gift deed in favor of my mother? What are fees for gift deed if done to family member like mother? 

- What is the process to do gift deed using a certified copy if I have to do from abroad, who cannot come for a while to India due to personal reasons?

- Can gift deed be done in such a way that my mom cannot sell it later or gift it others and upon her leaving for heavenly abode, I get it back? 

- I heard anyone can obtain certified copy of registration of apartment of others from registration office(atleast in telangana by giving basic details to identify the document). How as the owner I have that extra privilege to use a certified copy to sell or a gift deed to others if at all possible? How will they verify my identity over others when using certified copy?
Asked 8 months ago in Property Law from United States
Religion: Hindu
1) if relative is authorised by GPA he can sell the property without your consent 

2) you have to file FIR about loss of originals 

3) issue public notice about loss of originals 

4) then execute gift deed in favour of mother 

5) on basis of GPA your relative can execute gift deed on your behalf 

6)once gift deed is executed your mother would be absolute owner of the property 

7) your mother would be free to sell it later or gift it 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) after April 2013 it is mandatory to regsiter GPA for sale of property 

2) in case power of attorney has not been regsitered relative would not be able to sell the property 

3) Unregistered Power of Attorney for sale of immovable property shall not be capable of being put into use and shall not affect any immovable property comprised therein.
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Yes, he can sell it behind your back and appropriate the consideration money as well.
2. Yes, you can get certified copy of the deed as many times as you want.
3. Since you have already given a GPA the GPA holder can gift the same to your mom.
4. The gift deed once executed you can not have any control over it. So the donee can dal with it in any manner she likes.
5. A third party can also get certified copy of deed of another. Your identity as actual owner of the flat  is the only privilege. Your identity card will come into play while verifying your identity.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Dear Querist
My opinion on your queries are as under:
 I gave GPA many years ago to a relative to execute sales deed and register the apartment on my behalf. Could he sell it without my permission in future and collect the proceedings to himself based on the earlier GPA? I have not cancelled that GPA after registration of my flat.
Opinion: Yes, GPA Holder may sell the property based on GPA, if you are not interested then cancelled the GPA immidately.


- If I lost my original flat registration and sales deed documents, can I get a certified copy from registrar office and use it to execute a gift deed in favor of my mother? What are fees for gift deed if done to family member like mother? 
Opinion: Yes, you can obtain a certified copy of the Sell Deed and execute a Gift Deed in favour of your mother or any other person, Fee is Depend on the lawyer and Stamp duty will be paid as per State rule.

- What is the process to do gift deed using a certified copy if I have to do from abroad, who cannot come for a while to India due to personal reasons?
Opinion: you may execute a POA in Abroad and send it to India and after verification of that POA, the POA holder may execute a Gift Deed in favour of your mother.

- Can gift deed be done in such a way that my mom cannot sell it later or gift it others and upon her leaving for heavenly abode, I get it back? 
Opinion: Condition Gift Deed can be executed in which you can mention those conditions as you think fit and beneficial for yourself.

- I heard anyone can obtain certified copy of registration of apartment of others from registration office(atleast in telangana by giving basic details to identify the document). How as the owner I have that extra privilege to use a certified copy to sell or a gift deed to others if at all possible? How will they verify my identity over others when using certified copy?
Opinion: Every registered documents are public documents and anybody may file an application along with prescribe fee can get certified copy of the same.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. You can revoke the Power of Attorney by executing a deed of revocation which should then be published in a national and regional newspaper for public notice. 

2. The certified copy can be obtained at anytime from the office of sub-registrar. Gift deed can be executed on the basis of the certified copy. A local lawyer can be engaged to obtain the certified copy of the title deed and also to prepare the gift deed. If you are unable to come to India then you may execute a GPA in favour of any of your blood relatives within India to authorize him to execute the gift deed on your behalf.

3. If you are to place fetters on the right of your mother to sell the property then the answer is a life interest in her favour, not a gift deed.

4. It is the duty of registrar to verify the documents at the time of registration.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi 
First get an up to date Encumbrance certificate on your property. You will come to know whether you continue to be the owner or not. If the property is in your name, then cancel the GPA by getting the GPA Cancellation document drafted and get the same registered at your nearest Sub-registrar office or at Indian embassy in USA. Also you need to recover/ get back  the original GPA issued by you  from your relative, 
If even after cancellation you have doubts on the integrity of your relative/ or if your relative refuses to handover the Original GPA to you, You should issue press notices about cancellation of GPA to public at large. 
If you have lost the original flat registration and sales deed documents, you should file an FIR and police after investigation will issue a untraceable report. Based on untraceable report, Registrar will issue you a duplicate copy of the sale deed and other link documents. 
You can get a certified copy of the documents and effect a Gift Deed in favour of your mother.  Either you can come down to india for a day or two and get the registration complete or get a special power of attorney registered in Indian embassy in favour of the person who will then effect the gift deed in the name of your mother in india. 
As per indian law, a property of a women is construed as her absolute property . A gift cannot be restricted (i.e to say Gift will be valid till her life time and reverts back to the donor after donee's life time). So in the event of you gifting your mother the property, then she has to make a registered will in your favour post the registration of gift deed. 
Certified copy is not equivalent to original. it is true that sale deed/ documents of immovable properties can be obtained by any one from sub-registrar office as these are public documents. 
Your identity will be verified at the time of registration by EC. sometimes they ask for original link documents. sometimes they do not ask. As per rule ,the registrar is required to ask for original link documents and photo identity of sellers. infact as per rule and procedure, prior to sale a revenue officer should go to the property being sold, survey the land and enquire from the neighbourhood and also identify the boundaries of your property at the time of sale. however revenue authorities are not following the rules (they say staff shortage) and that is the reason for many property disputes. 
hope this helps.
 

Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Q. Could he sell it without my permission in future and collect the proceedings to himself based on the earlier GPA?

A. he can do it but you have to execute another GPA with a view to granting such power (if not given in the GPA). if purpose is accomplished GPA ceases to exist. that gpa is expired when property was registered.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
you can get certified copy of registration from registrar office. you can make a gift deed and execute it before Indian consulate and in the presence of two witness. Indian consulate is treated as the land of India, this facility is available in all Indian consulates you have to pay requisite fee. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
 I gave GPA many years ago to a relative to execute sales deed and register the apartment on my behalf. Could he sell it without my permission in future and collect the proceedings to himself based on the earlier GPA? I have not cancelled that GPA after registration of my flat.

Yes, he can do it, hence immediately, issue notice to him that you have cancelled the GPA deed and it will take effect from the date of receipt of this notice by him and you may endorse a copy of this registered notice to the concerned registrar's office where the property situates with a request to not to entertain any application in this regard from the GPA agent nor to permit him to register any encumbrance in this regard.
To confirm this you may create any encumbrance on this property.





If I lost my original flat registration and sales deed documents, can I get a certified copy from registrar office and use it to execute a gift deed in favor of my mother? What are fees for gift deed if done to family member like mother? 

If you have lost the original sale deed document, you have to lodge a complaint with police, get a non-traceable certificate and after following further formalities in this regard, you may apply for certified registration copy of the sale deed and can execute a registered gift deed in favor of your mother. 
The stamp duty for this purpose differs from one state to another. 
You  may enquire the rates applicable in your state in the local SRO's office.





What is the process to do gift deed using a certified copy if I have to do from abroad, who cannot come for a while to India due to personal reasons?

You have to again execute a registered GPA deed in favor of a power agent to perform this act on your behalf.





 Can gift deed be done in such a way that my mom cannot sell it later or gift it others and upon her leaving for heavenly abode, I get it back? 

No such conditions can be imposed in a gift deed, the deed will be invalid if those conditions are imposed.





I heard anyone can obtain certified copy of registration of apartment of others from registration office(atleast in telangana by giving basic details to identify the document). How as the owner I have that extra privilege to use a certified copy to sell or a gift deed to others if at all possible? How will they verify my identity over others when using certified copy?

It is a fact that anyone can obtain copy of the registered sale deed from registrar's office, but for selling the property with the help of a copy of the registered sale deed, the procedures mentioned in the above lines by me are to be followed to prove your genuineness and authenticate the certified copy.

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. What was mentioned in the POA you had executed earlier? Did you authorise him to buy the property and register it or you have also authoruised him to sell it of also at his discretion? He can sell mit of if you have mentioned in yor POA that he can sell it of also. If you have authorised him to sell also, then you should withdraw/cancel the said POA with immediate effect. Send him a registered letter cancelling the said POA immediately,

2. Yes, you can collect a certified copy from the registered office. You can also transfer the title of the property in favour of your mother through a gift deed. The amount of stamp duty and registration fee will depend on the value of the property,

3.  You can try to register the said Gift Deed before the local Indian Consulate but in most of the cases, Indian Consulates refuse to register deeds probably for ignorance of law,

4. No. It will not be an gift deed in such case. You can make a will bequeathing the property in her name mentioning that she will have living right only in that property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) there is no guarantee that relative would return your property to you 

2) once gift deed is executed relative would be absolute owner of property 

3) he would be free to sell the property 

4) i have come across cases wherein gift deed was made in favour of mother and later even mother refused to return property to her son 

5) sell the property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
The property once transferred through a registered gift deed, then it is considered to be alienated by the owner of the property and he has no rights whatsoever in the property after this transaction. 
There can be no conditions imposed in the proposed registered gift deed.  Any condition imposed in the gift deed will render it invalid. 
At a later date, if the donee would like to transfer the property to you, he can sell the same by executing a registered sale deed only and not by any other means.
Therefore you cannot help watching him silently and helplessly even if he is stabbing you from the front.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. You have not submitted your actual problem clearly to give proper answer,

2. If you execute and register a gift deed in anyone's favour, you can not take it back unless he  further gifts it back by registering another gift deed in your favour,

3. If your issue which you want to get resolved with some one is related to availing loan, then you can create mortgage on your said property by depositing your title deed to him and/or registering a mortgage deed,

4. After receiving your gift deed, he becomes the absolute owner of the said property and you can be assued that he will regift it to you once your said issue is resolved.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
A gift deed will be irrevocable once it is executed. So the chance of backstabbing is there.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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