Release Deed son to mother in joint ownership
18-Aug-2023 (In Property Law)
Can I ( father) as a GPA holder of son , now abroad , sign Release Deed for his share of the property in New Delhi to mother. QProperty is in joint name of mother and son. Release Deed will be from son to mother. I am only a GPA holder. Son has expressed to Release his portion of the property.
Will Release Deed so obtained is legally valid
In Delhi, a person holding a General Power of Attorney (GPA) for a property does not have the authority to execute a relinquishment deed on behalf of the property owner.
A GPA typically grants the holder the authority to act on behalf of the property owner, but it does not empower them to transfer or relinquish ownership rights.
A GPA typically grants the holder the authority to act on behalf of the property owner, but it does not empower them to transfer or relinquish ownership rights.
As the GPA is involved, we need to 1st see whether the GPA mentioned the clause with regard to permission to release to any person. If the same is there then you can release on his behalf. I would suggest to get the GPA stamped from the concerned Sdm to make it more authentic. Moreover, since the property has been purchased in joint name, the release date shall be with consideration or it shall be gifted to the mother. Release deed without consideration is practically not viable in this scenario and The dealers deem this as a discrepancy which has to be rectified later on.
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