Prabudh Kakkar 02 November 2024

How to make a gift deed of a bed ridden patient

My paternal aunt has been suffering from vertigo, parkinsons and has been bed ridden for more than 5 years in Pune Maharashtra.

She has a house in my home town Prayagraj which is being used by my elder brother. She wishes to gift it to him. I wanted to know if we could register the gift deed in Maharashtra for a property located in a different state. Alternatively what are other options to work this out?

Appreciate your response

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 November 2024

Yes, it is possible to register a gift deed in Maharashtra for a property located in a different state.

However, there are certain requirements and considerations:

1. The gift deed should be executed in the presence of two witnesses and the registration process should be completed within the jurisdiction where the property is located (Prayagraj, in this case).

2. Since your aunt is bedridden, it may be challenging to transport her to Prayagraj for registration.

In this case, you may consider:

a. Registration through a representative: Your aunt can appoint a representative (you or someone else) to execute the gift deed on her behalf. This requires a power of attorney.

b. Registration in Maharashtra: Although the property is in Prayagraj, you can explore the possibility of registering the gift deed in Maharashtra, where your aunt is currently residing.

This might require a special permission or dispensation from the concerned authorities.

Other options to consider:

1. Will: Your aunt can create a Will, bequeathing the property to your elder brother. This will come into effect after her passing.

2. Relinquishment Deed: Your aunt can execute a relinquishment deed, relinquishing her rights in the property in favor of your elder brother.

3. Settlement Deed: Your aunt can create a settlement deed, transferring the property to your elder brother.

Additionally, consider consulting a medical professional to ensure your aunt's capacity to execute legal documents.

kavksatyanarayana (subregistrar/supdt.(retired)) 02 November 2024

Your aunt may apply with a medical certificate to the Sub Registrar to attend her house for registration of the Gift deed. Your aunt has to provide a vehicle to come to her house to register the gift deed. She has to pay the necessary fees, as the fees vary from one state to another state.