Can mother be the guardian pf gift deed property to minor
(Querist) 22 July 2021
This query is : Resolved
I and my husband are getting divorce on mutual consent. Out of our wed lock we have a daughter who is a minor . As decided between us, I will have her full custody and father will have visitation rights. My husband wants to gift deed his flat to our daughter before the divorce. he is sole owner of flat so he can be the doner. Q1 Can he sign as donee as well? Or can I sign as donee? Q2 After divorce can I live in the flat with my daugther? Q3 will my husband have any rights (as natural guardian) to sell or rent out the flat even after gifting it (after divorce )? Q4 Can I rent out the house for daughter's medical or educational needs without husband's permission (after divorce)? Q5 Can he trouble me for the flat like entering the flat as owner (as daughter's natural gaurdian) Q6. Can I and my daughter get society amenities access once the flat is gifted to her?
(Expert) 22 July 2021
1.As the flat is his own he can gift it to his daughter. As the daughter is a minor you can also be a natural guardian. Hence you can sign on behalf of your minor daughter as a natural guardian. 2.Yes. 3. The donee (on behalf of your daughter) you shall sign on the revocation (cancellation) of the Gift deed. If he cancels the Gift deed, the Sub Registrar may register it as the validity of the document is not concerned to the Sub Registrar. 4. Yes after divorce. 5. If you get a divorce he cannot. 6. You have to produce a copy of the Gift deed to the society, the society may transfer in your daughter's name by levying a transfer fee as per norms.