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Author Topic: Executing a gift deed with a Power of Attorney  (Read 307 times)

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Offline copyravi

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Executing a gift deed with a Power of Attorney
« on: March 11, 2018, 02:19:06 AM »
My father brought a house under General Power of Attorney. This house cannot be made a freehold property. We are two brothers and he wishes to give this property to me as a compensation for another property he is giving to my brother. Can my father execute a gift deed in my favor.

Will this gift deed along with Special and General Power of attorney be considered a legally valid document? My brother is willing to sign an agreement and also any legalities that are necessary to execute this transfer of property. My brother will also sign/witness the gift deed etc. Will this gift deed be valid?

More importantly, in future if I decide to sell this property will the papers be assumed as 'clean'? I mean will this kind of property trail establish me as a legitamate owner and also assure the buyer whom I sell this propertyt that he is buying the right property without a complication.

Do let me know.

Offline advjaibansal

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Re: Executing a gift deed with a Power of Attorney
« Reply #1 on: March 12, 2018, 02:18:39 AM »
Dear Sir,

Please get a registered gift deed executed from your father in your name. Let your brother be the witness in the said gift deed. This document is more than sufficient for you to become the absolute owner and able to sell the property in future.

jai bansal
Advocate, New Delhi
Supreme Court of India
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