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Alldeee (VP)     25 February 2010

Gift Deed clarification

We have an aunt, who gifted us her house through a registered gift deed. No in the deed we have mentioned that we will not remove her from her house till the time of her death. Also we pay her a monthly amount for her up keep etc, these amts go to her by chq.

Now here is the problem. She has not yet registered the gift deed at the building society and comes up with some excuse or the other to do so. I fear (and hope not) that I am being taken for a ride for the monthly money.

I have the copy of the original Gift Deed.

Questions are:

1) Can she make a second gift deed and give the house to someone else?

2) Does she have to register it with the building 'in her lifetime'

3) Can any other claimant (some other blood relative ) claim the property post her death.

4)  Can she change her nominee for the house via a will?

5) What problems could I face post her death?

 

Thanks....



Learning

 2 Replies

Anil Agrawal (Retired)     26 February 2010

If she has gifted the house and the deed is registered, how does remain the owner now?

kapil (Law officer)     06 March 2010

she can not make second gift if your gift deed is duly registerd. it is setteled position in law that gift can not be revoked. once a gift always gift. donor can not withdraw the gift.you can move an application before chairman/secretary of your society for memebership.she need not register the deed in society during her lifetime. she make any will regarding the same property then your gift deed will prevail over it.if she make any will then benificiary of that will have to obtain probate from the court. while obtaining probate he has to issue notification ( as it is mandatory in law)in local newspaper that time you can raise objection befor the court. according to me if your gift deed is valid and duly registerd as per the reqirement of law then you wont have problem pertaing to said prpperty after her death


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