Vinod Kumar Mishra 14 September 2016

Gift deed vs sale deed

Dear legal advisors,

Please let me know which will be legally more strong / not challangeable Gift deed or Sale Deed if a parent wishes to make deed in favour of one son out of two?

Thanking You

Reply Follow

4 Replies

adv.bharat @ PUNE (Lawyer) 14 September 2016

Vinod ji

u can take Release deed from your parent for the property which they wish to give it to you.

Both Gift & sale deed can be challenged in court of law if it is not done by propery legal way.

If u like my suggesation then kindly give THANK on my profile.

Kumar Doab (FIN) 14 September 2016

If sons are not Co-sharers then release deed may not be possible.

Both Gift/Sale deed confer ownership.

Duty on gift amongst blood relation may be low/NIL in the state.

Check with SRO.

Kumar Doab (FIN) 14 September 2016

The matter has been discussed in detail in another thread initiated by you at:

https://www.lawyersclubindia.com/forum/How-to-make-will-for-only-single-property--141560.asp

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 September 2016

1. THOUGH "Gift Deed" is "irrevocable" and has to be executed without any monetary consideration, YET is challengable, using various parameters of law, by the Class-1 legal heirs of the Gift Maker.

2. Sale Deed, is irrevocable and non-challengeable because it involves "monetary consideration" paid by the purchaser to the seller. PERIOD. Here the legal heirs CANNOT claim anything over the buyers physical property, BUT can certainly claim their legal rights from the monetary consideration component received by the seller, using various parameters of law, by the Class-1 legal heirs of the Gift Maker.

CONCLUSION: Executing a Sale Deed, is 100% safer, atleast legally.

Keep Smiling .... Hemant Agarwal
VISIT: https://www.maharashtra-society-help-forum.com

1 Like