Gift deed of property
Rahul Gupta
(Querist) 09 April 2012
This query is : Resolved
My father has gifted his share in a jointly owned property with his older brother to his younger brother through a registered gift deed.Now the older brother has sent my father a legal notice that undivided ,unspecified share cannot be gifted without other co owner's consent or information and threatened to take legal action against him for that.What is the legal position on that and do my father need to reply to that notice.
A V Vishal
(Expert) 09 April 2012
The gift is absolutely valid and your uncle stands weak chance if he files a suit.
Shailesh Kr. Shah
(Expert) 09 April 2012
Question: What is the legal position on that ?
Answer: transacation has been done through registered deed and also with consent of your uncle, then very less chance to success in case, if he file.
do my father need to reply to that notice.
Answer: he can but through lawyer.
Rahul Gupta
(Querist) 10 April 2012
The jointly owned shop in question has not been partitioned and the elder brother says that i cannot gift my share since no portion specification is there in the sale deed through which property was purchased.
Also two clauses are missing in the registered gift deed and hence his lawyer is contesting that deed is invalid without rectification and he is disallowing me and sent the same notice to the registrar to not register the rectification because of the above mentioned illegality.
