Gift deed registered through forged gpa
Querist :
Anonymous
(Querist) 18 February 2024
This query is : Resolved
GPA holder not given power of transfer by owner. He forged GPA and registered gift deed on name of person A and B, Then only person A obtained confirmation deed from original owner.
Is confirmation deed validate gift deed ?
If Yes then validate only for person A or both A and B.
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
The owner has ratified the gift deed executed his power agent by executing a confirmation deed.
This should suffice to understand that the owner has given permission to the power agent to transfer the property by a gift deed too.
kavksatyanarayana
(Expert) 18 February 2024
I opine, that as the GPA holder who created the forged GPA, the owner cannot confirm the same as the GPA holder has no power to execute the Gift deed. So the GPA holder with A and B shall execute "Revocation (cancellation) of Gift deed" then the owner may gift the property to A and B.
T. Kalaiselvan, Advocate
(Expert) 19 February 2024
If the owner is aware of the transaction and if he has no objection then he can execute a ratification deed to ratify the transaction carried out by the GPA.
After all the owner is the aggrieved person, but if he voluntarily ratifies for having convinced about this transaction, it may not be improper or incorrect, however it depends on the discretion of the sub registrar who has to apply his minds.
Querist :
Anonymous
(Querist) 19 February 2024
Orginal owner challenged gift deed in civil court. He registered confirmation deed then How can owner challenge gift deed ?
kavksatyanarayana
(Expert) 19 February 2024
I am very sorry to Sri T.Kalaiselvan Sir. Still I can say the same. queriest: Under Registration Act, the owner confirmed the GPA, the forged GPA is not valid and the GPA holder has no power to execute any deed and hence the challenge of the original owner is correct in my opinion.
T. Kalaiselvan, Advocate
(Expert) 22 February 2024
Thanks for the information sir.
I will stand corrected and would request the querist to ignore my opinion.
