Gift deed/relinquishment deed

1. To enable to Gift any immovable property, FIRSTLY the Gift-Deed-Maker,  should mandatorily be the Title-Owner of the said immovable property.

2.  Since the Apartment is registered in the name of the Father, the title-ownership also is with the father, AND TILL the title-ownership is transferred to the sister, after due procedures, the Gift-Deed cannot be executed.

3.  IF the deceased has died intestate (i.e. without making a will), then appropropriate Letter of Administration has to be obtained from the relevant state High Court (Testamentry Dept), before the title-ownership can be passed to the legal heirs and after which & only then Gift deed can be executed.

4.  As applicable Gift deed / Relinquishment deed can be executed before the Indian Consulate in US, and after due documentary procedures, and further Gift / Sale / etc.... transactions can be conducted in India, vide POA powers given to a local person in india.

Keep Smiling .... Hemant Agarwal

Dear Sir,

Thank you for your prompt reply and guidance, I appreciate it very much.

My father had executed a WILL in the year 2005 on Rs. 100/- Stamp Paper which was signed by himself and 3 witnesses, in this WILL he had bequeathed his apartment to me and my sister, however this WILL was not registered. Will it then be of any good before the Indian consulate in the US for execution of the Gift Deed.

Thanx once again

Cliff

Please read and again re-read (slowly), my earlier post.

1.  Gift deed has got nothing to do with a Will.

2.  For making a Gift, the Gift-Maker should necessarily be the Title-Owner of the immovable property (i.e. the property should be standing / existing in the name of the Gift-Maker.  Gift cannot be made only on the presumption that you have created deemed / fictional / heirical rights over the property by way of a will, since the will itself can be nullified, due to various parameters.

Keep Smiling .... Hemant Agarwal

Dear Sir,

Completely Understood thanks for your counsel.

Cliff

Indian nationals (legal heirs) prepared a notarized relinquishment deed at New Delhi for their immoveable assets in Iran belonging to their father in favour of their mother exclusively.The mother got the Relinquishment Deed duly attested by Embassy of India Tehran in the year 1975 and authenticated by the Ministry of Foreign affairs for the seal and stamp of Embassy of India for execution.The deed beneficiary further surrendered her rights in the year 2006 to her daughter in law for the tennancy rights (immoveable assets).All the legal heirs ratified again in sworn affidavit all the deeds done on the basis of relinquishment deed by the daughter in law since the mother had died after surrendering her rights and issuing irrevocable power of attorney to her daughter in law.

However as it appears the legal heirs due to whatsoever reasons are challenging on frivolous grounds that they have never executed any such  Relinquishment deed as it was not Registered in India while it is duly notarized and attested by the Embassy of India at Tehran in original while they are witness for the Irrevocable POA issued by the mother on the basis of Relinquishment deed and further confirmed by them through sworn affidavits and Irrevocable power of attorney to the same beneficiary authoritzed by their late mother duly attessted by Notary,Sub divisional Magistrate,Ministry of External affairs CPV Division and attested by the Embassy of Iran New Delhi.

How can one deny execution of all the above in squence:

1)Relinquishment Deed issued in favour of mother.

2)Reconfirmation by a legal heir who was minor.

3)Irrevocable POA issued by mother in favour of her daughter in law duly witnessed by legal heir who relinquished his rights.

4)Sworn Affidavit and Irrevocable POA again confirming whatever has been executed by the late mother to the daughter in law is valid and acceptable to them for immoveable assets.

Please advise legal opinion on the captioned matter,if any one denies such execution will the jurisdiction be Iran or India and can really one deny such kind of process which they have done all along and what is the way out.