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gita (self)     05 November 2014

2 donors on 1 gift deed--is this legally ok?

Can someone please clarify if the same document of Gift Deed have more than 1 Donor. 

My brother, myself and my mother are the legal successors of a property of my father. We want to do a gift deed for transferring that property on my name. Can someone please clarify if:

  1. Both my mother and brother can draft One single Gift Deed ---with 2 Donors (mother and brother) and 1 Donee (myself). Is this possible?
  2. Am I required to be present in-person to accept the gift deed? I have given complete Power of Attorney to my brother. Can he accept it on my behalf?


Learning

 5 Replies

Dr J C Vashista (Advocate)     05 November 2014

Answer to both the queries is affirmative, i.e, both of them can be donor through the same instrument/ docuument of gift deed and You are required (compulsorily) to be present before the Sub-Registrar at the time of registeration of  Gift Deed in your favour.

1 Like

K.K.Ganguly (Advocate)     06 November 2014

1. Yes, both can execute and register  one single gift deed as  donors of their share of the property,

 

2. Gift deed is compulsorily registrable for which you shall have to be presnt before the registrar at the time of registration of the said gift deed.

1 Like

SACHIN AGARWAL (ADVOCATE)     06 November 2014

Yes. Both of them can gift their shares in the property by executing one Gift Deed.

1 Like

T. Kalaiselvan, Advocate (Advocate)     08 November 2014

Yes both can be donors to one donee, it is legal and valid, however, instead of executing a registered gift deed, both can relinquish their title by executing a single registered single deed in your favor which will be more effective for the reason that the property is intestate  of your deceased father on which all of the three have equal rights, this will cost you a lesser stamp duty as well enquire about the stamp duty of your state and proceed as per whichever will be cheaper.

In any case you shall have to be present before the registrar to acknowledge the receipt of the said deed in your favor.

1 Like

Dalip Singh (Advocate)     08 November 2014

Yes, Relinquishment Deed is the best option and economical. 

1 Like

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