Can power of attorney holder sell or gift property to himself?
Answered on February 01,2023
Yes, a person with power of attorney can transfer property to themselves.
The Executant (person who grand the POA) must emphasize in POA that Attorney (person who receives POA) can transfer property to self through registered Sale or Gift Deed.
Let me give a real example of POA holder transferring property to themself:
Mr Parul lives in London and he owns a 2BHK flat in Bangalore. He wants to gift 2BHK flat to his mother.
Due to covid restrictions, Mr.Parul could not travel to India to register the Gift Deed so Mr Parul gave General Power of Attorney to Mother. Below is the image of GPA
Using the Above GPA, Mrs. Sarita (mother) transferred the property to herself by registering Gift Deed.
- In the below Gift Deed, we can notice the Donor's name is Mr Paul (son), represented by his Mother Mrs. Sarita
- Donee name is Mrs Sarita
- Mrs Sarita (mother) signed the Gift deed on behalf donor and herself as donee.
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