Can GPA holder execute a Gift deed?


General Power of Attorney is the power given by a person to his acquaintance to carry out specific financial or legal businesses on his/her behalf. Whereas Special Power of Attorney is when you grant someone the authority to carry out a specific task categorically. They both are made under Powers of Attorney Act, 1882.

The Supreme Court of India categorically has held that the GPA is not an instrument of transfer when it comes to right, title and interest in an immovable property. The Court further held that power of attorney is only an agency created in favour of the recipient, also known as grantee, on behalf of the grantor. Moreover, even an irrevocable power of attorney does not have the effect of transferring title to the recipient. Therefore, GPA is not valid for the sale/purchase of a property.

However, in your case, the property belonged to your father and he was the absolute owner of the property. After his death if he had died intestate (without preparing a will), the property would pass on to you as per the laws of succession. Irrespective of both power of attorneys, you are owner of the property by the laws of succession. You can prepare a gift deed and gift the said property to your son.

Reference: Powers of Attorney Act, 1882



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