In Sale of property does Gift deed Doner's consent required?

Adv Mazhar H. Shaikh (Querist) 27 December 2014 This query is : Resolved
Respected Sir,

Please guide that elder brother gifted shop to younger brother (both major and co-owner in self earned shop) by Registered gift deed and now younger brother wished to sale the property. Does at the time of sale deed registration the consent of yelder brother required?

Thanks

Adv Mazhar Shaikh

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Shailesh Kr. Shah (Expert) 27 December 2014
No requirement for any consent of elder brother.

Rajendra K Goyal (Expert) 27 December 2014
After accepting the gift the property belong to younger brother. No consent of elder brother required for selling the property.

ajay sethi (Expert) 27 December 2014
once gift deed is executed donee becomes absolute owner of property . consent of donor not required for sale of property

R.K Nanda (Expert) 27 December 2014
agree with experts.

malipeddi jaggarao (Expert) 29 December 2014
No consent is required. But the buyer may insist the signature of donor as one of the witnesses as an abundant caution. In such case, the donee can request the donor to join as witness or he can convince the buyer not to insist as it is not a legal requirement. Legally it is not needed.

T. Kalaiselvan, Advocate (Expert) 29 December 2014
Once the elder brother executed a registered gift deed in your favor, he relinquishes all his right in the property hence his consent is not required for further sale by the author.

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