Gift of property & subsequent reciprocal gift of cash
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
RESPECTED EXPERTS,
ONE OF MY FRIENDS IS A MUSLIM WIDOW, SHE HAS NO SONS, OWNS TWO HOUSES ONE IN A VILLAGE AND THE OTHER IN THE CITY. HER ONLY DAUGHTER RESIDES IN THE CITY HOUSE. SO SHE GIFTED HER VILLAGE HOUSE TO THE SON OF HER LATE HUSBAND'S BROTHER AND SHIFTED TO THE CITY HOUSE TO LIVE WITH HER ONLY DAUGHTER.SHE HAS EXECUTED A NOTARISED GIFT DEED IN FAVOUR OF THE DONEE.
IMPRESSED BY HER ACT OF GIFTING THE VILLAGE HOUSE TO THE DONEE, THE FATHER OF THE DONEE HAS out of his free will, so as to help HER (THE DONOR)construct a second floor on HER existing house IN CITY. SHE HAS ACCEPTED THE CASH AND EXECUTED AN ACKNOWLEDGEMENT TO THAT EFFECT.
NOW WHAT IS THE EFFECT OF THE SUBSEQUENT RECEIPT OF CASH ON THE GIFT EXECUTED BY HER?
IT IS LOOKING LIKE A TRANSACTION WHERE SIMPLE SALE IS GIVEN A COLOUR OF GIFT, I.E. VENDOR GIFTING THE PROPERTY TO VENDEE AND SUBSEQUENTLY THE VENDEE GIFTING CASH TO THE VENDOR.
PLEASE ENLIGHTEN ME WITH YOUR VIEWS AND COMMENTS. THANK YOU SIR.
Raj Kumar Makkad
(Expert) 05 January 2012
As the house situated in the village has been gifted to the son of the brother of the late husband of the donor and the cash has been gifted by father in law of this widow so there is no nexus between these two matters. otherwise also gift can be with some consideration had these both matters related between same persons.
prabhakar singh
(Expert) 06 January 2012
Your muslim lady friend widow made Hibba to son of her late brother's SON accompanied by possession and her late brother's son accepted it and residing there in.hence it is a complete transaction of her's Hibba.
For any reason her husband's brother gifted her cash which she accepted then it is hibba of movable to her by her husband's brother.It is separate hibba.Note that it was not made by previous donee but by his father who is other person than his son.
Though true it is colorful but no one can successfully prove it.
But the question is that you do not seem to be friend of the widow but a foe desiring to question the transaction due to some reason that hurt you but you are keeping that undisclosed.
Shonee Kapoor
(Expert) 06 January 2012
:-)
Not doubting your intentions, I agree with Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 06 January 2012
Sir Prabhakar Ji,
I am grateful to you & other experts for enlightening me with the fact that no legal problems in the transaction.
But I must clarify as to your doubt regarding my intentions. In fact both the widow and the donee are my friends I am well wisher of both of them. They are not so educated and not having access to law knowing people like you. I have expressed my doubt and concern that tomorrow some third person (may be from the heirs of the donor) should not create any problems or legal hurdles for the donee. So I posed the above facts for your opinion and guidance if any. How ever, I could not mention the facts in a proper manner thereby gave a scope for doubt in your mind regarding my intentions. Any how, thank you very much sir.
dear Raj Kumar Sir,
Can a gift be also for some consideration?
If that is the case why people not opt for registration of gift deed-for consideration and save huge stamp duty? Why to go for a sale deed and pay more as stamp duty? as it is a gift even if for consideration can not be revoked once it becomes final just like a sle deed.please enlighten.
