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prasad (executive)     28 October 2024

Can a donee make his spouse gpa holder for the property gifted by father

Sir/Madam, 

Can a 20 years old Gift deed  of any kind be revoked/cancelled? If so, doner himself alon can revoke/cancell the Gift deed without concent of donee? 

Can a donnee make his wife GPA holder to the property gifted by his father?

What is the validity of a registered General Power of Attorney of a property in India?



Learning

 11 Replies

Advocate Bhartesh goyal (advocate)     28 October 2024

A registered  gift deed can not be revoked by donor however he may file civil suit for cancellation of gift deed before civil court on ground of fraud, coercion and cheating.

Yes donee can execute GPA in favour of his wife for needful action in regards to gifted property. 

Registered POA holder on basis of power of attorney can do and act  on behalf of principal and his act will be deemed as done by principal.

kavksatyanarayana (subregistrar/supdt.(retired))     28 October 2024

Yes.  The donor without the consent of the donee cannot revoke the gift deed.  However, in some states, the Sub Registrars will register the gift deed executed by the donor only, contrary to law.  You mixed two queries in one query.  The donee can execute a GPA in favour of his wife.

P. Venu (Advocate)     28 October 2024

In the absence of facts as well the context, the posting is a riddle than a query. Is it that the parent(s) has gifted the property on the hope that they will be taken care and the child do not wish to take up the responsibility?

tejinder sethi   29 October 2024

If the donor is not absolute the owner of the property and has gifted the property without the consent of other legal heirs, then under the circumstances can the gift deed be revoked if other legal heirs move the court for claiming their right in the property.

Dr. J C Vashista (Advocate )     29 October 2024

Donor can revoke the gift deed unilaterally under certain circumtances, contact and consult a local prudent lawyer if you are affected and interested.

Prima facie it is a fabricated moot court topic for debate / time pass question since similar queries have already been posted and replied, some of them are:

posted a new topic in forum Can a donee make his spouse gpa holder for the property gifted by father 

replied to a query in Experts Daughter's share in the property of mother

asked a query in Experts Daughter's share in the property of mother 

posted a new topic in forum Can a donee gift the property to his/her spouse 

posted a new topic in forum Withdrawal of money from frozen bank account 

posted a new topic in forum Can blood relatives give witness in case of registration of property deeds 

posted a new topic in forum Providing cool application on terrace of an apartment-reg. 

posted a new topic in forum Possibilities of cancellation of any kind of gift deed - reg. 

More

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=189319

T. Kalaiselvan, Advocate (Advocate)     29 October 2024

The donor cannot revoke the gift deed unliaterally and if he would like to revoke the same then he has to approach court within three years from the date of its execution and not beyond that, that too for valid reasons only.

This gift deed was executed 20 years ago, hence it cannot be revoked at this belated stage.

The registered or unregistered power of attorney will not confer title to the power holder hence your wife cannot claim rights or title over the property given through power of attorney deed to her

K. PHANI KUMAR (ADVOCATE)     01 November 2024

Yes Donee can give GPA tobhis wife to sell , or gift  the property to any one

P. Venu (Advocate)     01 November 2024

Originally posted by : tejinder sethi
If the donor is not absolute the owner of the property and has gifted the property without the consent of other legal heirs, then under the circumstances can the gift deed be revoked if other legal heirs move the court for claiming their right in the property.

Admittedly, the querist is setting question papers for the participants of this Forum.

prasad (executive)     07 November 2024

Sir,

 First of all, thank you vermuch for your precious information and I request your valuable advise for the below :

a) Can the doner be prevented from cancellation or revockation of a gift deed, if the          donee made his wife a registered GPA holder for the gifted property.

b) What steps to be taken by the doner to revoke or cancel the gift deed, which was under GPA with donee's wife.

T. Kalaiselvan, Advocate (Advocate)     12 November 2024

A registered gift deed executed without any condition cannot be revoked for any reason


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