Can a property (land) be purchased through GPA Holder.
Mr. A purchased a property from the owner through Sale deed.
Mr. A gave this property to his daughter Ms. B through gift deed.
Ms. B lives in US
1. If she gives GPA to her father to sell the same property, can we purchase it? Is it safe to purchase? Which type of GPA is required?
2. If she gives GPA to her father in law to sell the same property, can we purchase it? Is it safe to purchase? Which type of GPA is required?
What are the points required to be addressed in such situation?
Kindly advise.
Thanks and Regards more
Mr. A gave this property to his daughter Ms. B through gift deed.
Ms. B lives in US
1. If she gives GPA to her father to sell the same property, can we purchase it? Is it safe to purchase? Which type of GPA is required?
2. If she gives GPA to her father in law to sell the same property, can we purchase it? Is it safe to purchase? Which type of GPA is required?
What are the points required to be addressed in such situation?
Kindly advise.
Thanks and Regards more
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1. A Power of Attorney to register a property should be registered one only, whether it is General or specific, as per the Indian Registration Act. 2. If it is a specific power of Attorney for this purpose, the document should be signed by her and a power of attorney to register that property will do. 3. If it is a General Power, amongst all the powers, it should contain that a delegation of power to sell and receive the consideration should be needed to be included in the GPA. A gift can be cancelled only before it is accepted. Once, it is accepted by the donee and is being enjoyed by him/her, it can't be cancelled. However, A careful study by your lawyer should be done before it is decided. Suggestion is to get the Power from her for sale and registration of the property is safe. more
Sep 20
Gift Deed Cancellation is NOT Possible, once the Property is Registered in B's favour under the Gift Deed. You will need: 1. Registered GPA / SPA in favour of A OR 2.1 Notarised GPA / SPA in favour of A + 2.2 Witness to Registration of Gift Deed as Witness to Registration of Transfer + 2.3 One More Family Member of A and B as Witness to Transfer. For each Witness, ensure that your have Proof of ID on Record against the Witness. more
Sep 19
I would insist on a Registered GPA or Registered Specific Power of Attorney (SPA) to consummate the transaction. That is the only way you can ensure the genuine-ness of an absent Transferor. I would also insist of the Witness to the Registration in your favour being the "interested" family members of the Transferor. more
Sep 19
Thank you sir. Is it possible to cancel the gift deed by which Mr. A will become the owner of the property and get it registered from Mr. A? more
Sep 19
