Gift of immovable property

Querist : Anonymous (Querist) 03 November 2011 This query is : Resolved
CAN I GIFT A MORTGAGE IMMOVABLE PROPERTY TO MY DAUGHTER BY UNREGISTERED GIFT DEED

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ajay sethi (Expert) 03 November 2011
when you mortgaged your property what were the terms and conditions of the mortgage .?

did you agree not to create any third party rights during the subsistence of the mortgage .

if so you cannot by gift deed make a gift of said property to your daughter . in addition for gift to be vali it has to be accpeted by donee and gift should be duly registered

Shonee Kapoor (Expert) 03 November 2011
Unmovable property can not be gifted w/o registration, though it can be willed.

Shailesh Kr. Shah (Expert) 03 November 2011
To pass title in immovable property, registration is must. and mortgage immovable property can't be transferred legally.

prabhakar singh (Expert) 03 November 2011
I HAVE SOME THING DIFFERENT TO SAY.

YOU CAN GIFT PROVIDED THAT YOUR DAUGHTER ACCEPTS IT WITH BURDEN OF MORTGAGE.I MEAN DONOR CAN BUT DONEE is At ELECTION TO ACCEPT OR REJECT AS ONCE SHE ACCEPTS THE GIFT SHE IS UNDER BURDEN TO RETIRE THE MORTGAGE BY REDEMPTION ;but in case she is not competent to contract[minor,i mean] and accepting property burdened by any obligation[here the mortgage is burden]is not bound by her acceptance.

But if, after becoming competent to contract and being aware of the obligation, she retains the property given, she becomes so bound.

prabhakar singh (Expert) 03 November 2011
I HAVE SOME THING DIFFERENT TO SAY.

YOU CAN GIFT PROVIDED THE YOUR DAUGHTER ACCEPTS IT WITH BURDEN OF MORTGAGE.I MEAN DONOR CAN BUT DONEE is At ELECTION TO ACCEPT OR REJECT AS ONCE SHE ACCEPTS THE GIFT SHE IS UNDER BURDEN TO RETIRE THE MORTGAGE BY REDEMPTION ;but in case she is not competent to contract[minor,i mean] and accepting property burdened by any obligation[here the mortgage is burden]is not bound by her acceptance.

But if, after becoming competent to contract and being aware of the obligation, she retains the property given, she becomes so bound.