Gift deed

Amarita Kaur (Querist) 01 February 2010 This query is : Resolved
Can a mother (Nani) Gift her property to her grandson(Daughter's son)??
If yes how ??
what all is she required to do.
Mother has two daughters. this grandson is the son of the eldest daughter who got divorced???

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Arvind Singh Chauhan (Expert) 01 February 2010
Property may be gifted to any person, whatever relation is. Simply draft a Gift deed with the help of legal expert and get it registered.

Parveen Kr. Aggarwal (Expert) 01 February 2010
Mr. Arvind is correct. Gift deed may be executed by any person in favour of another person and it is quite immaterial whether they are related in any manner or not. It is also immaterial how many children he or she has and for what reason gift is being made. Execution and registration of gift deed is necessary. Also, the gift becomes complete only after it has been accepted by the donee.

Section 122 of the Tranfer of Property Act, 1881 defines "Gift" as a transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Parveen Kr. Aggarwal (Expert) 01 February 2010
Read "1882" instead of "1881"

A V Vishal (Expert) 01 February 2010
In the first place please clarify is property is your nani's self acquired or is it an ancestral property.

Raj Kumar Makkad (Expert) 01 February 2010
If the property is ancestral in the hands of nani then she cannot make will in the hands of her daughter's son and if the property to be gifted is her self acquired then she can definitely do as asked for.

Srinath Kondapally (Expert) 01 February 2010
Mr Rajkumar is correct

Yamalapalli Haribob (Expert) 01 February 2010
A hindu women can gift her absolute property to any tobody.Your nani can gift her absolute property to her daughter"s son by way of registered gift deed.see section 14 of hindu succession act.