kasturi Yogender 20 June 2022

Acceptance of a gift deed or a settlement deed

How can it be proved that the DONEE or a SETTLE has accepted a GIFT DEED or a SETTLEMENT DEED.

Quick Summary

This discussion clarifies how to prove the acceptance of a gift deed or a settlement deed. For gift deeds, acceptance by the donee is a mandatory legal requirement and is typically stated within the deed itself. Registration and the signatures of the donee are also crucial. Settlement deeds, particularly those involving immovable property, also require registration, but explicit mention of acceptance isn't usually necessary.

4 Replies

Shashi Dhara 20 June 2022

File petition for encumbrance certificate in SRO.

Advocate Bhartesh goyal (advocate) 20 June 2022

Gift deed and family settlement both documents are required compulsorily registration before sub registrar.In gift deed some essential elements needs to mention in which one of the most ingredient is acceptance of gift deed by donee without mentioning this clause gift deed is invalif in eye of law whereas in family settlement no such condition is required.

kavksatyanarayana (subregistrar/supdt.(retired)) 20 June 2022

A gift deed can be executed in anyone's favour and the settlement deed can be executed in favor of any of the family members under Sec.56 of the Hindu Succession Act. Both documents shall be registered under Sec.17 of Registration Act. The acceptance is automatically worded in the gift deed in general. But such a clause is not necessary for settlement deeds.