Gift deed made by father

usharavikumar (Querist) 22 February 2024 This query is : Resolved
GM. My father is 84 years old and has age-related memory issues. He has two properties which he had mentioned would have equal rights to me and my elder sister (we are only 2 siblings). As of recent, during one of the talks, he inadvertently mentioned a statement that the property would be passed on to us without any hassle. As far to our knowledge, to date he had only made a will (which is not registered) but his statement put me to think that he had put together some other valid document which he is not able to recollect. He generally speaks typically as age-related people do with memory loss, as in repeating statements, forgetting what had been told to him earlier etc, but once in a while he does come up with statements which are totally valid (and of course he clearly remembers incidents that happened in life during his young days and mentions them without any inaccuracy). During his conversations, he does sometimes out of the blue tend to mention (and has quite an assertive tone at that time, reminds me of my strong-minded father) some statements. Earlier too, he had mentioned that he had many fixed deposits in some banks and asked my sister to check on it (we did have a doubt that he did but never had questioned him earlier regarding it). Well, what I needed to know was if by chance he had made a gift deed in our name during his prime time, is there any way that we can get to know about it or will it be only after his passing away.

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A son is concerned about his elderly father's properties, especially after his father mentioned passing them on without hassle. While the father has an unregistered will, the son suspects a gift deed might exist. The discussion clarifies that a gift deed must be registered and possession taken by the donee. It also highlights that if the son and his sister are the sole legal heirs and their mother has passed away, properties would automatically devolve to them. However, the situation is complicated by the father's second marriage, the transfer of other properties to his second wife, and a family agreement drafted on plain paper. Consulting a local lawyer with all relevant documents is recommended for clarity.

T. Kalaiselvan, Advocate (Expert) 22 February 2024
In the event of your father transferring his properties by a gift deed, then it will be informed to the donee by the donor because the donee has to act upon the gift deed by taking possession within a stipulated time.
you don't get confused over your imaginary concepts and confuse others also.
If you and your sister are the only children/successors in interest/legal heirs to your father, the properties left behind by him shall automatically devolve on both of you (if your mother is not living), then what is your worry?

P. Venu (Expert) 22 February 2024
A gift deed requires to be registered. You may take a search of the local SRO.

kavksatyanarayana (Expert) 22 February 2024
You stated that your father had made a Will and by chance if he had made a gift deed in your and your sister's favour" Why are you confused? Is your mother alive or not? If she is alive, she, you and your sister are your father's legal heirs, and the properties are automatically devolved among you only.

usharavikumar (Querist) 26 February 2024
Thanks a lot for the replies.

usharavikumar (Querist) 26 February 2024
Thanks a lot for the replies . Sorry that I missed out to mention regarding my mom. She had passed away around 4 decades ago (when we both were kids) and my dad married for a second time. His second wife has 2 kids through her first marriage. (she has been living with him for the past 20+ years, earlier she was in South India with her kids as she had a job there). He has transferred all his Property in South India in her name. After that she was insistent that he sell all his Maharashtra properties (his office and flat) and shift with her in her/his house in South India. That is the time when he wrote a will in our favor and informed us about it (also he named me and my sister as nominees in both the properties). Later when the situation got out of control and she was adamant to sell all the other properties (as before), on my dad's insistence we had no choice and involved her relatives into this issue (my father does not have much say in her presence) and during that meeting drafted a Family Agreement (on plain paper) in which my dad mentioned regarding solely our rights on his Maharashtra property and we got his wife, me, my dad and elder sister sign on it with her relatives as witnesses. I have been getting mixed opinions from lawyers/friends regarding the Family Agreement. Now, all we have in hand is the FA and his will. We are a bit unsure if she will create a mess after my dad's demise and hence I was wondering re the gift deed when he randomly mentioned that his property would be passed on to us without any hassle. Hence my query.

T. Kalaiselvan, Advocate (Expert) 27 February 2024
You may better consult a local lawyer with your property related papers and get a proper opinion directly

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