Rajat Gaur 07 November 2021
Advocate Bhartesh goyal (advocate) 07 November 2021
No, your mother can not execute gift deed on basis of GPA, she can sell house and execute sale deed but can not execute gift deed.GPA is a authority given by principal to agent to do some acts on behalf of him so to execute gift deed principal's specific authority and name and details of donee is required and in absence of such specific authority and details of donee in Goa, GPA holder can not execute gift deed.
kavksatyanarayana (subregistrar/supdt.(retired)) 07 November 2021
Yes. Agreed with the advice of the above learned expert Mr. Bhartesh Goyal sir. If the GPA Principal (owner) is alive, then obtain a conveyance deed from the owner to your mother. If the GPA Principal (owner) is not alive, the GPA is invalid.
G.L.N. Prasad (Retired employee.) 08 November 2021
First, get the gift deed registered, then face such consequences if any legally. Let your mother state that she is enjoying possession and profits since ......(more than 15 years).
It is left to those who claim the land to go for litigation, never part possession.
Rajat Gaur 08 November 2021
G.L.N. Prasad (Retired employee.) 08 November 2021
A transfer can be made either by gift or sale. Because gift deed registration expenses are nominal, go for the same.
P. Venu (Advocate) 09 November 2021
To my understanding, your mother can transfer whatever rights she is having. Presently, her rights are that of possession only and that holds good against the whole world except the true owner. If the true owner asserts her title, the doctrine of adverse possession could be a substantial defence