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Joe Thomas (Principal)     07 July 2015

Gift deed

Hello,

My mother owns a flat in Thane district of Maharashtra. She wants to transfer it to me (her son - one of four children) by executing a gift deed. I live in the US and will not be traveling to India until a year from now. My question is: Can my mother execute the gift deed in my absence? 

Thank you,

Joe



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 July 2015

Sir,

 

She can gift it to you immediately, but the mutation of the property will be done after you come back to India, because for mutation or registration you need to be present before the registrar.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Dr J C Vashista (Advocate)     07 July 2015

It can be gifted, no hassles. 

manoj kumar (BPO)     08 July 2015

we are 3 -brother. My father has self property earn. he gift deed it to 2-brother. so, 1st brother -grandson can claim on that property. father has alive. and father Gift deed after elder brother death.

Advocate Ravinder (Advocate/Attorney)     08 July 2015

I slightly differ with Vashista sir. She can gift, but unless you accept the same, the gift will have no legality.  In these circumstnaces, you can give your mother or to any other person, a GPA to accept the gift on your behalf. This GPA will be useful even for mutation of your name in municipality, housing society, revenue etc.

Biswanath Roy (Advocate)     08 July 2015

A Doner can gift his/her property to Donee but unless Donee accepts it by putting his/her signature it will not carry any legal value. At the time of Registration of the Deed of Gift both Donor and Donee shall have to appear before the Registrar.


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