Mazhaikaadu 21 August 2015

Will 50% GIFT DEED of a property be valid?

My Uncle purchased a shop in Navi Mumbai on 1996 in the name of his wife [Aunty]. They have one daughter and two sons. The elder son expired three years back in an accident and Uncle expired two years back.

The younger son is not caring about his MOM so aunty is living with her daughter. So Aunty wants to prepare GIFT DEED for daughter and son on 50% / 50% sharing but without the knowledge of her younger son.

But GIFT DEED mandates the ACCEPTANCE of both daughter and son.
Can we prepare GIFT DEED for only 50% of the shop in the name of her daughter?
Will the partial Gift Deed be valid if any disputes arise in future?

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Sankha Mukherjee (Legal Advisor) 22 August 2015

it is not a important matter that who has given the money but it is important whose name was there. according to you the aunt is the owner and it is not an ancestral property. so aunt can donate or sale anyone. you can go for 50% sharing but it could face some future problem. after the death of aunt others 50% will have succession right. also may face partition problem. but the daughter will not face any problem ... because no valid/ lawful gift will be returned. please attach a LBS sign plan with the deed for proper partition. and do not write partial gift deed just - gift deed.. and mention proper area. and donot write any other area or percentage. then it will be - Deed of settelment.

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