POA holder transferring property via a Gift deed

Dear Rajesh,

 3. (i) Can Mr. S gift the property to his father Mr. Y through the POA that he holds?

 YES  Mr. S can Gift the property to his father .

 (ii) Is it legally correct to do so?

 YES IT IS LEGALLY CORRECT, but the power of attorney must specifically authorize the agent to make gifts from the scheduled assets to persons whom he would likely make gifts.

 Would Mr. Y have problems in selling this property in future?

 NO, there will be no future problems in selling the properties.

 In my view, this transaction is not valid. The Power Agent cannot gift the property to his father. All that power he would have been granted is to administer the property on behalf of the legal heirs and therefore, the ultimate beneficiaries are the legal heirs. In this case I don;t think the POA is coupled with interest (please check the

contents/purpose of the poa)

vasudevan

In my view, the power of attorney holder can not gift the property to any one. the POA is given to lookafter the property on behalf of the executant and at most he can sell the property on behalf of the executant.

PRASAD ANAND RAO

Bangalore 

this is getting confusing...mixed replies...more inputs from anybody?

LawGurus! pls help!!

What would be the tax implications for Mr.X and Mr. Y?