Can a Power of Attorney holder execute a Gift Deed?

Sahil Adv. (Querist) 28 August 2009 This query is : Resolved
1) If my uncle executes a General Power of Attorney or Special Power of Attorney in favor of my brother, Can my brother later execute a Gift Deed in favor of our mother for immovable property which is in Delhi?

2) Which kind of Power of Attorney would be more appropriate General or Special?

3) Can my uncle execute Power of Attorney in a different zone in Delhi other than where property actually exist?

Please Note that this Power of Attorney is without consideration.

If its Special Power of Attorney, can someone please give me a sample for this situation.

Regards,
Sahil

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Y V Vishweshwar Rao (Expert) 28 August 2009
1- GPA /or/ SPA can be executed before any Sub Registrar

2- Gift Deed can be executed by POA /SPOA if the Power of attorny Terms specify the property to be gifted and the person to whom it is to be gifted - Authorisation shall be very Specif and Clear

It is better to Execute the Gift Deed by your Unlce himslef and under his Spl Power of Attorney it can be presented by Your brothr before the SRO to admit the Gift Deed for Registration purposes !

The SPl Power of Attorney Forms are available in Sub Regisatrar Office near to your place - avail the same !

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n.k.sarin (Expert) 28 August 2009
Iagree with Mr.Rao

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Sahil Adv. (Querist) 28 August 2009
There are some complications in executing Gift Deed by my uncle directly in favor of my mother, which I can't even explain.

Can my uncle just execute a SPA in favor of my brother for specific gift/transfer purposes and later on my brother will execute and present them before sub-registrar for registration? I mean there is no legal or any other issues involved in this?

Regards,
Sahil

(Thanx for the quick response and sorry for dbl posting as i needed a urgent reply like most of the other members)

Jayashree Hariharan (Expert) 28 August 2009
sure, no problem. but the special power of attorney should specifically mention gift and its registration. Otherwise it will be GPA.

Harinarayan R. Tripathi (Expert) 28 August 2009
Such Transaction shall not be void if the power of attorney, inter alia, contains the powers:-

1. to execute Gift Deed;
2. to present before the Sub-Registrar and lodge the same for registration; and
3. to complete all the formalities incidental and inrelation to the execution and registration of Gift Deed.

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