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Amit (Engineer)     06 January 2013

Gift deed and poa

Dear Sir,

I have shared housing property with my brother which is not partitioned.

I want to gift deed my share to my real sister who is married since 15 years (due to martimonial diputes with my wife).

My question is can we do gift deed and take POA from my sister for the property same time. Will family court consider the gift deed for which POA is with me.

Regards



Learning

 9 Replies

Advocate Vishnu (Advocate)     06 January 2013

Once you execute a gift deed, it is irrivocable. Your sister will become the absolute owner of the property.

For what purpose do you wish to execute a POA..?

Amit (Engineer)     06 January 2013

Thanks for the reply sir.

Sir I want to have POA so that in future after matrimonial disputes are over, I can sell the property by myself.

Is selling the property possible by POA?

Is there any gap in number of days required between gift deed and POA?

Will such kind of gift deed for which I have POA, be considered in family court?

Regards

Advocate Vishnu (Advocate)     06 January 2013

Dear Amit, once you execure a GIFT deed, you lose all your rights on the said property.

So in your case even the POA has no legal sanctinity .As per the judgement of the Honourable supreme court , all sale transfers done with a POA is not valid anymore.

The family court will take up the issue of your property only during maintenance proceedings and if you fail to pay maintenance to your wife.

Amit (Engineer)     06 January 2013

thanks again sir.

".As per the judgement of the Honourable supreme court , all sale transfers done with a POA is not valid anymore."   

 

Does the above applies for gift deed as well?

Advocate Vishnu (Advocate)     06 January 2013

Once you execute a gift deed, you lose all the rights on the said property.

A gift deed is a legal instrument by which you transfer all your rights on a particular immovable property  to another person.

A POA is a legal instrument by which you can authorise a person to do something ( like collecting rent , maintainig a property). A POA can be revoked/cancelled whenever you want.  

A gift deed can never be cancelled once executed.

Amit (Engineer)     06 January 2013

Thanks Vishnu sir. Appreciate your help.

Amit (Engineer)     06 January 2013

Sir what I get  from the discussion is that, one cannot sell the property if one has POA. One can only  take small decisions about it. Please confirm my understanding is right?

Amit (Engineer)     06 January 2013

Also Vishnu sir, 

If gift deed is done in timely manner (before FIR is launched in matrimonial case), has the family court powers to revert it on later stages, like the cases of not able to give mentenance etc. Is the there any probability of reverting gift deed ?

 

Sorry to ask so many questions.

Advocate Vishnu (Advocate)     07 January 2013

No. Once a gift deed is executed it cannot be cancelled . The famil court will lookinto your assets only if you do not pay maintenance to your wife and if you have any assets at that point of time when maintenance is decreed.


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