Menaka Here (NA) 21 December 2015

Gift settlement deed

Hi Experts,

My father-in-law had re-married after my mother-in-law expired 15 years ago.

After his retirement(recently), my Father-in-Law decided to give his house to my Husband. What is best way to have the title of the house transferred to him. The property is self acquired by my Father-in-Law on paper, even though it has dowry component which he received during his wedding 40 years ago.

1) Should we go for "gift deed" or "gift-settlement deed", what is the difference?

2) Can any of it be revoked at the donor's will?

3) Who should be witness to the deed, can relatives be witness or we should have only outsiders like friend as witness?

Giving some background: My father-in-law doesnt have any kids with his second wife, however she has kids from her first marriage. My husband is the only bilogical son for him. We dont want any issues from his wife or her kids in future. My father-in-law is planning to buy an another house(my husband is also contributing to it through cash, i.e. kind of settlement for allowing him to gift the house) to live and he will eventually give it to his second wife to live in after his demise along with his bank balance which would run into 20-30 lakhs. We are not looking for his second house, however we don't want any issues with the house he gifted us. We are not very confident of his wife's or her kid's intentions after his demise, so want to be extra care. Please suggest the best way for the transfer and who should be witness.

Thanks,

Menaka

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6 Replies

saravanan s (legal advisor) 21 December 2015

Gift settlement deed is done to blood relatives and if the same is done to some person outside the circle then its called gift.gift can be challenged in the court whereas settlement can't be revoked

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Menaka Here (NA) 21 December 2015

Thanks a lot Saravanan for the reply, can you also please clarify who can be witness to the deed in the registration office?

Can my husband's cousin's can be witness or it should be purely outsiders(like friends) as its a agreement within family members?

sathyanrayana J (sse) 22 December 2015

We can give the gift within blood relation. Gift or settlement can not be revoked once done?

In following conditions we can revoke gift or settlement only in civil court.

1. undo influence or fraud or miss representation ( must be proved in court)

2. As per 2007 senior citizens act, senior citizen can revoke gift or settlement ourside the court also.

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saravanan s (legal advisor) 22 December 2015

the witness can be anyone but in case if the witness includes the legal heirs who has claim over the property if the person (donor) dies intestate it will be an advantage

1 Like

Menaka Here (NA) 23 December 2015

Thanks Saravanan & Sathyanaraya!

hakeem 06 February 2016

Dear Sir,

I had recently fought to get my property back after my father revoke the Gift Settlement deed given to me 9 years back. I had filed the suit for cancellation of cancellation of gift deed which recently court declared Null and avoid. and pass the decree in my favour to give the possession of my house in which my sister also staying with my father.

Now my query is : How to safeguard my Gift Deed which was given to me by the court after my long fight of 5 years and i had came to know father had illegal childrens.

2. My father had Appealed the decision of the courrt, i want to know how long this Appeal will work, i came know that my father advocate telling my father that i will keep out of the house for another 5 years .

3. How to get the Possession of the House , when my father had Appeal against the civil court decision.

please reply to this mail , as i am staying out of the house from last 6 years now and my finance postion is also bad because of unemployment ..

regards

Hakeem

email id;mohd.hakeem@hotmail.com