Gift deed by spa holder

Querist : Anonymous (Querist) 23 March 2024 This query is : Resolved
Hi

My father had bought a DDA apartment from an original allottee vide SPA in 1994. He now wants to register the same in my name by executing and registering a gift deed. Is this feasible and would this transaction be valid?

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kavksatyanarayana (Expert) 23 March 2024
The Special Power of Attorney (SPA) is not valid for a sale deed. So the original allottee shall execute a sale deed in favour of your father, then your father is the owner of the property and he can do it as he wishes.

Advocate Bhartesh goyal (Expert) 23 March 2024
Since your father had bought the property through special power of Attorney from original allotee and so he has no title/ownership of property and so he can't execute and register gift deed in favour of you unless he became absolute owner of property.

T. Kalaiselvan, Advocate (Expert) 23 March 2024
If the principal is alive, he can cancel the power of attorney deed given to your father and execute a registered sale deed directly to your name by adjusting the consideration amount he already received from your father.
By this multiple registration charges can be avoided

Querist : Anonymous (Querist) 24 March 2024
Thank you for the guidance. For some reason my father has been able to execute the gift deed and get it registered too. I am concerned if this is valid

T. Kalaiselvan, Advocate (Expert) 24 March 2024
If the original owner or in his absence his legal heirs challenge this transfer, then you will be in trouble.

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