Donee signature required in gift deed

ss (Querist) 07 January 2013 This query is : Resolved
Pls adv if gift deed needs to be signed by the donee too. The gift deed my sister recd from her husband last year is signed by him and registered with witness signature too.
The original registered gift deed was handed over to my sister and she is in residing in this property.
But no one asked for my sisters signature in it. Pls adv if this gift deed is valid.

She is residing in tamilnadu

Follow Query

Report Abuse

Devajyoti Barman (Expert) 07 January 2013
In WB signature of both do or and the donee is required.

Raj Kumar Makkad (Expert) 07 January 2013
Gift is offered which if accepted by the donee so signature of both the parties are must on the deed.

ss (Querist) 08 January 2013
Dear sir, ntd it shld be signed by donee. But the registrar also did not inform that sign of my sister is also reqd, though she was present in the registrar office with her husband.
But now he has applied for divorce and has cancelled the gift deed without even informing my sister. How can she prove it is valid and can it be cancelled unilaterally...

Guest (Expert) 08 January 2013
Registrar can't refuse registration of a gift deed, if donee's signatures are not there. Donee can sign even after registration of the deed in lieu of having accepted the gift. Your sister can still sign on the gift deed, as the same is in her possession.

Unless the donor had not given delivery of gift deed, there is no scope of cancellation of a registered gift deed, moreso when the possession of the property is still with your sister.

Raj Kumar Makkad (Expert) 08 January 2013
Even if the gift has been made and physically has been accepted by your sister without having signature over the gift deed even then cancellation shall have no effect on the status of that property. gift once made and accepted by other party is full and final and cannot be revoked.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now