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Mohan (-)     14 September 2012

Gift deed clarification

Hi,

My father recenly purchased property and gifted to me (her daughter) through registered gift deed. I got transfered the khatha of the property in my name. Our family also contains my mother, elder sister and younger brother. (i.e. two daughters,  one son and father and mother). While executing the gift deed my sister and brother signed has witness. My elder sister is married and younger brother is unmarried and working.

Can my mother or sister or brother can claim share in the gifted property in future. If so what is the amendment needs to done to the registered gift deed so that, i should not get any problem from my sister/brother/mother

Regards



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 September 2012

They cannot calim in the property gifted to you by your father, because it is his self acquired property.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 September 2012

No amendment is required to be done. It was your father's self acquired property lawfully gifted to you - it becomes now your absolute property. If your siblings choose to challenge it tommorrow they would have a tough time doing it because they were themsleves witnesses to the same document and the gift deed is registered which adds on to the sanctity of the document. 

 

 

Good Luck !

 


Bharat Chugh

 

Advocate Supreme Court of India

Mohan (-)     14 September 2012

My friend said that, they are only signed has a witness in the gift deed but not as a consent witness. You should get their consent.

Regards

dr g balakrishnan (advocate/counsel supreme court)     14 September 2012

true. it is self earned by father, if he did not use proceeds of ancestral proerties. he gifted to you absolutely. it means if he is not alive it becomes irrevocable gift and you have changed katha etc in your name. you estabilished your right. true signing as witness without their (kins)consent is not possible, as the time of signing and that time knowledgeonly becomes applicable but by later acquired knowledge cannot absolve them from their consent. so property is absolute, but you need to keep the property safely protected any future encroachments as encroachments may lead to adverse possessonary rights at later date after ecroachment crosses limitation law...regards..adv dr g balakrishnan PhD LL.B ML...rapidanalysts@gmail.com; given if any doubts you entertain!

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     14 September 2012

Gift deed can be change. Gift deed means the person who are giving the said gift or property to some one, he has full right to change or cancel said gift. But in relinquishment deed the person who are giving the said property he has also transfer his whole right with that property means he can't change after that. So in your case you can apply for relinquishment deed.

Anifa (Reservation Executive)     20 June 2014

Dear Sir

I need your urgent help as I need an advice on the below. A Will of a property was done to my maternal Grandmother (B) by her Mother (A) which she had purchased, which (B) in return gifted it to her daughter (c) my mother by Deed of Gift. The question now arises is does (C's) brother and sister get to claim a share in the property? The Property is in Goa and the Gift Deed was signed by both of my maternal grand parents.


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