Shahaji Gunjal 18 May 2018

Gift deed

My housing society member made a gift deed of her owned room in the name of her two sons out of four sons without informing other two sons.
is it valid and shall the Society transfer such property as per gift deed.

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3 Replies

R.Ramachandran (Advocate) 18 May 2018

If the member is absolute owner of the property, then she is well within her legal rights to gift the property to anybody that she chooses. If the GIFT DEED is registered, then nobody (including her other left out sons/daughters) can object to the same. The GIFT Deed needs to be recognised and given effect to.

Kumar Doab (FIN) 18 May 2018

The title holder/owner can dispsoe her/his self earned/acquired/absolute estate/property in anyone's favor in her/his lifetime.

The gift is complete the moment IT is made by donor and accepted by donee and in case registered gift deed copy is provided to society the society is to act per provisions in bye laws/rules/Act.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 01 June 2018

1. GIFT Deed can be made ONLY by original Title-Owner (name on agreement) and NOT by Nominees etc....

2. Check Society records, IF the mother is the original Title-Owner. IF yes, THEN the Society is duty bound to Transfer the memberships to the persons named in the Gift Deed, provided the Gift Deed is duly Stamped and Registered.

Keep Smiling .... Hemant Agarwal