Mohammad Yasin Chimaukar (Ex Banker) 13 December 2023

Can a donor become donee also in gift Deed to minor son?

I am going to execute a gift Deed of a Flat and a commercial shop located in Mumbai to my minor son aged ten years and my wife (80% & 20% share). I am a Muslim.
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1.. I am a donor then can I also become the donee also on behalf of my son.
2..If No then what's the remedy?
3.. Can any One donee sell the properties within minors under 18 years period or later when minor becomes major?

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Quick Summary

This discussion clarifies whether a donor can also act as the donee on behalf of their minor son in a gift deed. While a donor cannot be the donee in the same transaction, a father, as the natural guardian under Muslim Law, can manage the minor's property. The sale of a minor's property requires court permission, with specific conditions outlined for when such a sale is permissible, such as for the minor's maintenance or if double the price can be obtained.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 13 December 2023

1. A donor cannot become a donee to the same gift.

2. As a natural guardian you can take care of minor donee property till he becomes major by age

3. The donees can sell the property, the guardian of minor child should obtain permission from court to sell minor's share in the property.

P. Venu (Advocate) 13 December 2023

The property could be gifted to the minor. Father is the legal guardian for the property of the minor, according to the Muslim Law.

The legal guardian can alienate the immovable property of the minor 1

When there are debts of the deceased, and no other source of paying them
When the minor has no other means of livelihood and the sale is only way for his maintenance of the minor
When double the price of property can be obtained by it,
Where the expenses exceed the income of the property
When the property is falling into decay
When the property has been usurped and the guardian has reason to fear that there is no chance of fair restitution
When there are legacies to be paid and no other means of paying them