Minor gift deed
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
dear expert
can a mother gift a residential slum premises to her minor daughter 17 years old through gift deed if yes then who will sign for that minor daughter as she will be the donee and the mother will donor
Devajyoti Barman
(Expert) 11 December 2011
Yes , even mother can also sign as her natural guardian.
Raj Kumar Makkad
(Expert) 11 December 2011
I do not agree with Barman. It is illegal to sign as donor and donee by the same person. Father or any other person being guardian of such minor girl can sign on behalf of donee. The role of donor is important, though, consent of donee is mandatory with possession of the donation/gift.
Advocate M.Bhadra
(Expert) 11 December 2011
In this case father should accept the gift on behalf of the minor daughter,as because donor and donee should not became same person for executing a Deed of Gift.
Querist :
Anonymous
(Querist) 11 December 2011
thanks expert but in this case father has already been expired
A V Vishal
(Expert) 11 December 2011
Mr Makkad, can you please explain your statement further in detail as to why It is illegal to sign as donor and donee by the same person. The person is signing in different capacities as mother/donor and mother/natural guardian.
Shonee Kapoor
(Expert) 11 December 2011
Then mother can accept as the guardian.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 December 2011
Mr.Shah has rightly answered.But in absence of father the mother is natural guardian,then Mr.Barman is also right,and Mr.Vishal rightly
explores even a single person can bear and perform duel responsibilities as and when required so under law.
Raj Kumar Makkad
(Expert) 11 December 2011
Three elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee. Even when such elements are present, however, courts will set aside an otherwise valid gift if the circumstances suggest that the donor was, in actuality, defrauded by the donee, coerced to make the gift, or strongly influenced in an unfair manner. In general, however, the law favors enforcing gifts since every individual has the right to dispose of Personal Property as he or she chooses.
Delivery Delivery of a gift is complete when it is made directly to the donee, or to a third party on the donee's behalf. In the event that the third person is the donor's agent, bailee, or trustee, delivery is complete only when such person actually hands the property over to the donee.
A delivery may be actual, implied, or symbolic, provided some affirmative act takes place. If, for example, a man wishes to give his grandson a horse, an actual delivery might take place when the donor hires someone to bring the horse to the grandson's farm. Similarly, the symbolic delivery of a car as a gift can take place when the donor hands the keys over to the donee.
Delivery can only occur when the donor surrenders control of the property. For example, an individual who expresses the desire to make a gift of a car to another but continues to drive the car whenever he or she wishes has not surrendered control of the car.
A majority of states are practical about the requirement of a delivery. Where the donor and the donee reside in the same house, it ordinarily is not required that the gift be removed from the house to establish a delivery. If the donee has possession of the property at the time that the donor also gives the person ownership, there is no need to pass the property back and forth in order to make a legal delivery. Proof that the donor relinquished all claim to the gift and recognized the donee's right to exercise control over it is generally adequate to indicate that a gift was made.
In instances where delivery cannot be made to the donee, as when the person is out of the country at the time, delivery can be made to someone else who agrees to accept the property for the donee. If the individual accepting delivery is employed by the donor, however, the court will make the assumption that the donor has not rendered control of the property and that delivery has not actually been made. The individual accepting delivery must be holding the property for the donee and not for the donor.
In situations where the donee does not have legal capacity to accept delivery, such delivery can be made to an individual who will hold it for him or her. This might, for example, occur in the case of an infant.
Devajyoti Barman
(Expert) 12 December 2011
Here both donor and donee are not the same person in legal sense as the same person i.e. mother has signed the deed in two different capacities.
One as a donor and one as a natural guardian of the minor.
This is absolutely in tune with legal requirements of a valid gift.
A V Vishal
(Expert) 12 December 2011
It is difficult to co-relate what Makkad is trying to express, infact my question is quite simple with relation to his statement, inturn Mr Makkad has explained about gifts which is irrelevant to the context. I strongly agree to Mr Barman reply.
prabhakar singh
(Expert) 12 December 2011
I too agree to Mr Barman reply.
If one fails to comprehend it this way.
He may bring in his mind the illustration of a POA who himself sells as agent and himself buys also as any third individual and thus plays a duel role of two individuals so its two in one system.
Sailesh Kumar Shah
(Expert) 12 December 2011
I have also not find any reason to differ with opinion of Mr.Barman. I advised you to proceed as per his suggestion.
Anirudh
(Expert) 12 December 2011
I fully agree with the views of Mr. Vishal that Mr. Makkad's reply is no where near the point in issue. Probably he has down loaded whatever that had access to on the subject, whether the same is relevant or not to the issue in hand.
Guest
(Expert) 12 December 2011
Dear Experts,
In such a long discussion it should not be forgotten that the donee is the person who accepts the gift, BY or ON BEHALF of a person who is not competent to contract.
Naturally, in this case, a minor is a donee. Whosoever, father or mother accepts the gift on her behalf, the obligation cannot be enforced against her while she is minor. But when she attains majority she must either accept the burden or return the gift.
SO, the effectiveness of the gift would arise only on her attaining the majority.
THUS, in my view, there should be no objection whether the father or the mother, each of them being natural guardian, accepts the gift on her behalf, as that acceptance would only be provisional at the time of incident of transfer, which is subject to final acceptance by the minor girl when she would attain majority.
prabhakar singh
(Expert) 12 December 2011
We should confine ourselves to scope of a query otherwise law is very lengthy even for grammatical marks.
Dayananda Gowda
(Expert) 17 December 2011
Mother is the natural guardian of the minor child. she can not gift her property in favour of minor child. If the child in the custody of the other guardian, she can make a gift to look after the welfare her minor child. But in the gift it is mandatory to accept the gift.
