For transferring immovable property the GPA should be by a registered deed.
If it was his own and absolute property then there should not be any litigation in this regard in future.
Gift deed through GPA
Hello, Please any experts with respect to property of Karnataka kindly let me know the below - My uncle owns a property in Bangalore and he wants to gift 50% of the share to me. He has given a GPA to my mother (his sister) stating that he intends to gift 50% My mother will execute the Gift deed based on this GPA. Below are my queries - Should the GPA be registered? As it is between brother and sister the sub register says only Notarized GPA is enough. Is it valid? Does this kind of gift deed leave any loophole or scope for any litigations in future between our next generation (his and my legal heirs) Thanks
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
1. Registration of GPA is a must. Notarised GPA has no value.
2. Registration of Gift Deed is a must. No transfer of property can take place without registration of the document in the jurisdictional Sub Registrar's Office.
3. To prevent any future disputes which may arise in future, the document has to be prepared legally valid, so that future generation of legal heirs should not find any loopholes in it.
1) it is mandatory to register POA
2) notarised GPA is not valid
3)any suit filed to set aside gift deed may not succeed
- Since your uncle owns the property , if means that it is a self acquired property , and hence your uncle having right to transfer any portion of the property by way of gift deed.
- However , as he has given GPA to your mother , then she can transfer the 50 percent to you by way of gift deed on behalf of your uncle , but this GPA should be registered from the office of the registrar.
- An unregistered GPA holder cannot transfer the property , and notary GPA if related to property then having no value in the eye of law, and further such transfer is changeable as well.
Dear Sir,
Still 50% property not gifted to your mother and only he promised to gift such portion of property. Further wordings of GPA are to be looked into before giving final legal advise. Notarized GPA is also a valid document.
Dear Sir,
1. A GPA must be registered with the sub-registrar’s office to get legal validity.
2. GPA can only exercise those deeds for which he is empowered by the owner in GPA document. He can not do some action merely because he is a GPA.
Thank You!
1. The said GPA shall have to be registered since it is in connection with transfer of title of property.
2. The GPA should clearly mention that she has been given the authority to, inter alia, gift the share of the property.
3. Due to the blood relationship, less amount of stamp duty will be charged in the instant case.
Yes both gpa and gift deed needs to be mandatorily stamped and registered.
