Legal Question in Real Estate Law in India
Power of attorney for gift deed
My mother intends to gift the property in which she lives to each if the children (5) in the form of a gift deed.
1. does the donee i.e each of us have to be physically present in order to avail of this gift deed?.
2. If the donee cannot be present physically and the power of attorney is given to complete the gift deed on my behalf, what are the risks involved?.
3. Will the person given the power of attorney have any legal claim on the share of the gift deed that is gifted to me?.
4. What type of power attorney is permissible in such a situation?.
3 Answers from Attorneys
Re: Power of attorney for gift deed
1.You can give a special power of attorney to represent you during registration of the gift deed, this does not require you to be physically present.
2.Special Power of Attorney should only be given for presence during registration and no other risk would be involved.
3.No legal claim can be made through and SPA
4.Special Power of Attorney with specific clauses.
Re: Power of attorney for gift deed
1. Gift is required to be executed by Donor & Donee.
2. Power of Attorney can be given. For predictions, consult an astrologer.
3. Generally no.
4. Duly registered power of attorney with photographs and thumb impressions of grantor and grantee is generally required.
Re: Power of attorney for gift deed
You may give 'special power of attorney' only for the purposes of receiving the gift. The Attorney-holder will not have any legal claim on your share. There is no risk involved in such attorney.
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