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robin (mba)     22 August 2012

Is the gift deed must have to be signed ?

I HAVE AN QUERY. GIFT DEED HAS TO BE SIGNED OR NOT?

IS THE GIFT DEED MUST HAVE TO  BE SIGNED ? PLEASE REPLY.



Learning

 8 Replies

Advocate Rohit (Advocate)     22 August 2012

yes. any gift deed whether for movable or immovable property needs to be signed and registered. otherwise the said gift deed is not valid.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

R RAJAGOPALAN (ADVOCATE)     23 August 2012

A Gift Deed not signed by the Executant will not be registered.

Gorimaa..B (Law Student)     23 August 2012

yes the Git Deed needs to be signed and registered.

S Jadhav 98336 98330 (Jadhav & Associates)     23 August 2012

Please provide further details.

Why do you want to make a gift deed if you dont want anyone to sign it?

You may want the donor to sign the gift deed but you as a donee may not want to sign. which is alright but it is better that the donee signs the gift deed to indicate that he is accepting the gift.

Also please remember that a gift deed involving immovable property has to be in writing, signed, stamped and registered otherwise it is not a valid gift.

S Jadhav

Franky (Import Co-ordinator)     23 August 2012

Respected Sir,.

Once a gift deed is executed and enjoyed by Donee, can the DONEE after a period of time give back the property executed by Gift deed back to Executant?

Thanking you in anticipation.

Ajit Singh Cheema (practising Advocate)     23 August 2012

The gift deed has to be signed by the donor alongwith two witnesses, stamped and registered as well.Without the signature of the donor it conveys nothing.The gift deed to be completed must be signed by the donee in token of its acceptance.

Once the property is duly transferred in the name of Donee in the revenue records, he may also gift it back the property to donor ,applying the same steps, if he is otherwise competent to contract .

robin (mba)     23 August 2012

IF GIFT DEED FOR MOVABLE PROPERTY BE MADE BY SMS THEN IT WILL BE  VERY RISKY.

BECAUSE ANYBODY CAN TYPE SMS FROM ANYONE'S MOBILE.

MY SISTER IS ANIMA. LOT OF FRIENDS OF HER USES HER MOBILE.SO IT MAY BE A RISK. IF THOSE FRIENDS TYPES SOME GIFT DEED BY SMS FROM MY SISTER'S MOBILE  THAT MIGHT BE A PROBLEM.

PLEASE REPLY can the gift deed for movable property be made by sms?

can the gift deed for movable property be made by sms? PLEASE REPLY

Ajit Singh Cheema (practising Advocate)     24 August 2012

Gift deed through SMS not valid document

Section 123 of transfer of Property Act, makes the issue very clear, it states “for the purpose of making a gift of movable property , the transfer may be effected either by a registered instrument signed as aforesaid (signed by donor and two witnesses ) or by delivery.”

“Such delivery may be made in   the same way as goods sold may be delivered.” As such the SMS message shall neither be having the signature of donor nor   of the witnesses and most importantly there shall be no delivery of movable property and its acceptance by done, it cannot be a valid gift.


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