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Forum Home > Registration & Stamp Duty > Legal Documents > Is this Gift Deed Valid?   Unanswered Threads Post New Topic


03 July 2009, 23:07   Report Abuse

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Sahil Adv.

IT Professional



[ Scorecard : 75]


My uncle (Donor) made a Gift Deed in favour of my Mother (Donee), this deed has been registered in the office of Sub-Registrar.

The stamp paper used in this Gift Deed doesn't have signature/thumb imprssion of my mother (Donee) but my Uncle's signature/thumb impession are there. Is there anything to be worried about?


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03 July 2009, 23:30  

SANJAY DIXIT

Advocate



[ Scorecard : 17806]


Dear Sahil,

Whether the gift deed is regarding immovable or movable property?

If its regarding immovable property, whether the property is in the possession of your mother?




04 July 2009, 00:04  

Sahil Adv.

IT Professional



[ Scorecard : 75]


Its about Immovable Property and my mother has the possesion.

I wanted to know whether it was required to have my mother signed/thumb impression the back of stamp paper along with my Uncle?



04 July 2009, 01:53  

Sahil Adv.

IT Professional



[ Scorecard : 75]


Correction:

All signatures/thumb impressions are there except one on the back of Stamp Paper, which is only my mother's. My Uncle's Signature/Thumb Impression are there on the back and We've received the registered Gift Deed. Should We need to take any step?



04 July 2009, 10:38  

sunaina

Lawyer



[ Scorecard : 83]


Hi,

One signature of donee has to be there stating that Gift has been accepted/received. Acceptance is an essential ingredient of Gift. According to you gift has been accepted and even the possesion has been taken. And already the Gift Deed is registered then I think signature at this point will not be a hurdle. However, I advise you to confirm on the same with some other lawyer, along with the document.



04 July 2009, 22:35  

VIMALA ASHOK

professional



[ Scorecard : 28]


Hi

When a Gift Deed is made by a donor it is important to mention that the Donee has accepted the Gift. The possession of the movable and idocument of mmovable property should pass from the donor's possession to the Donee's possession



05 July 2009, 04:31  

Sahil Adv.

IT Professional



[ Scorecard : 75]


NOW THIS DEED WITNESSETH AS UNDER:-

3. That the said property is already in possession of the Donee and this fact is hereby again confirmed by the Donor, the Donor has delivered proprietary rights and possession of the said share of the said property to the Donee by this Deed.

11. That the said Donee accepts the said gift with thanks.

There are the 2 points in Gift Deed which clears the possession thing and as I already told you my mother has the possesion. We've been living there for the last 50 years.

I just want to make sure if the back of stamp paper needs my mother's signature too. This deed was registered just last week, so It can be corrected right? We don't want anything to happen in future.



05 July 2009, 09:58  

Sahil Adv.

IT Professional



[ Scorecard : 75]


One more thing I wanted to let you guys know. Stamp Paper back is blank, just in case.



07 July 2009, 12:39  

Pragadeesh

Lawyer/Factory certification consultant/Cyber crime Analyst



[ Scorecard : 124]


Can any condition can be imposed on gift deed?.my parents want to give our immovable property to my sister as dowry and they want to impose a condition that it can't be sold till 3 yrs.whether it is possible?pls suggest some other ideas.

Thanks in advance

pragadeesh



07 July 2009, 14:00  

Sandeep

Business



[ Scorecard : 76]


The back of the stamp paper needs to have the date of purchase of stamp paper, who has purchased it and the signature of the vendor with stamp.




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