The gift deed executed in feb 18 is invalid and liable to be set aside. Immediately file a suit seeking cancellation of sale deed as being invalid since the attorney has to power to gift the property and no such power of conferred on the attorney. Make both of them parties to suit. If the property is transferred to third parties it will complicate if issue. Produce all document the GPA and copy of gift deed. Court will cancel the sale deed.  

The gift deed executed in feb 18 is invalid and liable to be set aside. Immediately file a suit seeking cancellation of sale deed as being invalid since the attorney has to power to gift the property and no such power of conferred on the attorney. Make both of them parties to suit. If the property is transferred to third parties it will complicate if issue. Produce all document the GPA and copy of gift deed. The court will cancel the sale deed.  

Hello,

1. As the GPA does not authorize the holder to get a Gift Deed executed, his act is illegal  and therefore the Gift Deed  Needs to be cancelled.  The donor and the donee of the Gift Deed have to be present and be parties to the cancellation as well. Therefore you need to ask your husband and husband to get a Cancellation of the Gift Deed done to get the title back in your name.
2. In case of them refusing to oblige, you will have to take legal recourse to get a Court Order against the offenders which would also include the registering authority that has overlooked specific authority not passed on to the GPA older.

You have to file suit to set aside gift deed executed by husband on basis of POA 

2) take the plea that POA did not authorise husband to execute gift deed 

1. Revoke the GPA executed by you in favour of your husband.

2.  If your 3rd daughter agrees, revoke the Gift Deed, which was gifted to her by your Agent. 

3.  Send a legal notice to your husband asking for explanation from him as to why did he execute Gift Deed in favour of 3rd daughter and ask him to revoke it.

4.  File a suit in the jurisdictional District Court for declaring the Gift Deed executed by your husband to your 3rd daughter as Null & Void.

Thank you.

You first of all issue a legal notice to your husband communicating your decision to cancel the GPA executed in his favor on so and so date with immediate forthwith mentioning that his fraudulent activity by which he had transferred the property to your daughter by a gift deed, which is an unauthorized act. 

You issue a newspaper publication to this effect warning the general public that any sale deed he may execute in favor any prospective purchaser proposing to buy the properties given in the schedule therein would be invalid, illegal and not binding on you. 

You can endorse a copy of the legal notice to the concerned registrar too.

In the meantime you can file a suit for cancelling the registered GPA executed in his favor before the concerned local court. 

Simultaneously you can file a suit for cancelling the registered gift deed executed by your husband in favor of your daughter  and for possession. 

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Hi 

The Gift deed purportedly executed by your Husband in favour of your second daughter is NULL and Void as the same is executed using the GPA Granted by you to your husband. 

a bare reading of Section 122 of Transfer of property will reveal the intent of legislature where in 

- gift is out of love and affection between the Donor and the Donee and as such the Gift by itself is purely personal in nature between the Donor and Donee.

- There can be no delegation of love and affection between the parties and as such GPA being a delegated power cannot be used to execute a Gift Deed.

Also in your case, since GPA has been granted in the year 2013, the same cannot be used for execution of gift deed in the year 2018 as in law, a gift deed (assuming the Donor is personally incapacitated or dumb) can be executed only using a registered special power of attorney executed before a Sub-Registrar (who is a Executive Duty Magistrate) 

So, in your case, the GPA holder cannot execute any personal deed of conveyance in favour of any other person and as such the donee gets no rights, title, interest over the gifted property and as such Section 31 (1) of Specific Relief Act, will come in to play and cancellation of gift deed will be granted.  So No worries. 

Hope this information is useful. 

Dear Madam,

You must immediately file a suit and restrain them from selling the property. You can cancel transaction as it is without your authorization since you have execution the GPA in the year 2013 that is long back and forgotten about it and now your husband and your daughter misusing the same. You can get back your property.

- Since, the said GPA was not having any clause for gifted the property without receiving consideration amount , then that Gift deed executed by your husband is void and not legal . 

- Hence, legally you have right to cancel the gift deed , either mutually by entering into a registered Cancellation deed or after approaching the Court . 

- If your husband not ready mutually , then you can file a Declaration suit before the court . 

1. File a declaratory suit praying for a declaration that the said Gift deed is illegal, hence it has been registered by the POA holder who was not authorised to register any Gift Deed in connection with the said properties.

2. In the said suit, also pray for an order upon the concerned Registrar to cancel the said gift deed.