Gift Deed vs. Family Settlement

In addition to the above Property was acquired by my mother thru her own funds and all the family members are willing to sign the legal documents thru their own will with no complications what so ever.

She can give the property through gift settlement deed duly registered in your favour with possession of the property. Among Mohammadans any gift of the immovable property can be gifted through oral gift, which valid, the registered deed need not be executed.Simply handing over and taking over of the property with oral words of hiba ie., gift.

(1)  Since the property is the self-acquired one, she can very well settle the property among the family members as per her wish.  Instead of gift, settlement is better option. As an abundant caution, the settlement deed can be signed by all the family members; (Though, not necessarily needed).

(2)  Father's property details need not be mentioned (However, if you wish, a sentence can be included in the deed that 'since, my husband....... ....... is already in possession of sufficient immovable property at Delhi, I do not wish to settle anything on his name, etc.,")

(3)  It is advisable to obtain your sister, her husband or children (if major), your father's signatures as witnesses.

Thank you so much for your respones. I got 2 responses one favoring the gift deed and one favoring the family settlement. I think I will go ahead with family settlement procedure. Getting to sign my brother-in-law on the document might be a bit of challenge, please advise if that can raise any complications. Further I was also thinking to get a will drafted and register the same, will that help?

Thank you so much for your respones. I got 2 responses one favoring the gift deed and one favoring the family settlement. I think I will go ahead with family settlement procedure. Getting to sign my brother-in-law on the document might be a bit of challenge, please advise if that can raise any complications. Further I was also thinking to get a will drafted and register the same, will that help?

A 'will' speaks only when a person dies.  Hence,  in the present case settlement is the best option.  It is not mandatory to obtain your bro-in-law's signature.

 Gift and settlement are one and the same. In Transfer of Property, there is nothing defined as 'SETTLEMENT'. Only gift is under Chapter VII of the said Act. 

The Gift settlement deed shall be registered.  But in the case of family partition, there is no need for registration.  Just signatures of all the family members in the Family Arrangement Deed among the family property with proper witnesses is enough for the Family Arrantgment Deed, which is also a valid one, in law.

 Gift and settlement are one and the same. In Transfer of Property, there is nothing defined as 'SETTLEMENT'. Only gift is under Chapter VII of the said Act. 

thank you all for providing me with your expert opinion. One more question, in case of GIFT deed there is a clause (refer below) does it mean it can be revoked by Doner at any time post agreement also?The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

When gift may be suspended or revoked.-

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.

hi,

i will agree with R.Subramanian

Either clause quoted by you has some dependent clauses which you have not quoted OR same is orphan and inadvertantly krept into the gift deed.

Either the clause quoted by you has some dependant provisions you have not quoted;

OR

given clause orphan and is inadvertantly krept into the gift deed which has no legal effect.

Hi. Do you know which specific act governs property settlement in India? I believe "Land" is the state subject, hence it would be helpful if you could give me information about the relevant act related to propery settlement in Tamil nadu.

thanks in advance