LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rama   10 July 2024

Who can be the guardian in the gift deed ?

Hello sir,

 

The Grand-Mother transferred the property to he Grand-Son, by appointing the Guardian ( the Maternal grand-father of the Minor ), which the minor's Father and Mother are alive.

 

the Gift Deed is Valid?

 

Regards



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

Generally it would not be advisable to appoint a guardian from outside to a minor child if the biiological parents are alive.

The gift can be completed only when the delivery is taken on minor's behalf by the father or guardian of the minor. The order of persons who can become guardian of such minor donee is first his father, then his father's executor, then his grandfather, then his executor. 

If there is none of these, possession may be taken for the minor by any person under whose guardianship he may happen to be. However, as was observed in Abdul Raheman vs. Mishrimal, (1959) 61 Bom. L.R. 761, the mother cannot become a legal guardian and therefore possession given to her, when one of the aforestated guardians is alive, is ineffectual. Therefore, in this case, only the minor’s father can become his legal guardian to accept the gift; the mother cannot be the child’s legal guardian.

kavksatyanarayana (subregistrar/supdt.(retired))     10 July 2024

Usually, a father is the natural guardian of a minor child; in his absence or death, the mother will be the guardian.  No other person except the father and mother can be the child's natural guardian.

Rama   10 July 2024

Dear sir,

If the property is already transferred and GIFT Deed is executed by appointing the Maternal Grand-Father by her Paternal Grand-Mother in the year 2017, will that gift deed become invalid or null?

What is the status of that deed now?

The deed is Settlement gift deed , as the minor boys Paternal Grand Mother transferred in the year 2017, now what will be the status of the Gift Deed?

Thanks 

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

This is a settlement deed made by grandmother to her grandson and not a gift deed. 

Hence for now don't reopen the issue until the child turns 18, after that there's no necessity for the guardian to protect the interests of the child. 

No doubt the grandfather cannot become a guardian to the grandchild when the parents of the child are alive 

Rama   11 July 2024

Thanks to Kalaiselval Sir

 

Here the problem is the said house property is occupied by the minor's aunt ( in the guise of the DVC Order - Which oesnt exist in that house ) and in the eviction suit filed by the Maternal Grand-Father of the minor is opposed by the defendants ( Minor's Aunt ) on the ground that, the petitioner doesn't have any right to file the suit, since the transfer itself is illegal. The minor's Paternal Grand-Mother transferred Suit Scheduled Property to the minor ( Not gift deed - Its through Gift Settlement Deed ) by appointing the Paternal Gand Father as the Guardian, hence the suit is filed by the Guardian Grand-Father.

 

The trivial situation arised out of such Settlement Gift Deed, now the minor is 15 years old and Father and mother of the minor are alive and taking due care of the minor. Since the Registred Deed is made in the year 2017, ( Not having complete knowledge of how to appoint the Guardian to the Grand-Mother ) , the suit filed for the eviction of the minor's aunt and to recover the rents ( mense profits ) is pending before the Distric Court , and the Minor's aunt argues that, the transfer is illegal.

 

As such the Minor's aunt or any other person didn't challange the transfer Gift Settlement Deed and only contention raised by her councel is that, the Gift Settlement Deed itseelf is null and void and hence the maternal Gand-Father of the minor have no right to file this eviction suit and recovery suir ( one same suit ) .

 

Is there any way out to recover the mense profits and to evict the Minor's aunt from the suit scheduled property if the District Court states that suit filed is not valid or declares that the Maternal Grand-Father can't file the suit.

 

What outcome is possible sir?

 

Thanks

P. Venu (Advocate)     11 July 2024

You are posting facts in piece-meal suggesting deeper issues. Anyhow, the issue is before the Court. If the alleged settlement deed in favour of the minor child had been made with the motive or intention to side-step the DVC order, the Court may take an adverse view.

Rama   11 July 2024

there was no dvc order in that suit scheduled property. the aunt of the minor by playing mischief entered into property illegally and the lower appellate court clearly stated in the criminal appeal filed against dvc order that the property is self acquired property of the paternal grand mother of the minor and also setaside the residential orders in dvc. but the minors aunt is in the illegal occupation in one portion of the 4 portions building property and further tenanted the 2 portions and collecting the rents illegally. the present suit is filed to recover the mense profits and the same is pending . the question remain now is whether the gift settlement deed is valid or invalid. if valid, then court would definitely pass the directions for the recovery of the mense profits . 

 

 

P. Venu (Advocate)     11 July 2024

The above posting contains more of adjectives and subjective opinions  than any useful fact. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More