Rahul Gupta (owner) 22 January 2012

Gift deed

My Father owned a shop along with his elder brother which was rented out to his younger brother.Now the elder btother has filed an eviction case against the younger brother..Now my father gifted his endivided share in the shop to the younger brother through gift deed which has got registered but some clauses are missing in print.

Now the elder brother has sent a legal notice to my father that he cannot legally gift his undivided share without consent of elder brothers as the property has not been partitioned and also on says that deed is invalid as some paras(clauses) are missing.

What is the legal position on it and what should be my father's response to the notice.Similar Notice has als been issued to the Registrar

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 22 January 2012

1. If the father has purchase the shop with his own money (50% or 100%) then he can lawfully gift his share to anybody including his younger brother, without any hitch and nobody has any right to object on the same.

2. The question of Partition would arise only when the property is actually to be partioned into two individual parts, but here the property is not being partitioned only the name of the father is being replaced by his younger brother, in lieu of a gift deed, which is legal enough.

Conclusively the said legal notice by the elder brother, is null and void.

Keep Smiling .... Hemant Agarwal

Rahul Gupta (owner) 22 January 2012

But what about the fact that there are missing paras or clauses in the deed

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 January 2012

1. The Gift Deed has to be taken on face value, which means, whatever is written in the gift deed is valid.

2. If there are missing paras or clauses, then the Gift Maker (with mutual consent of the Gift Receiver) may prepare a rectification deed and have it registered, for it to have lawful effect.

Keep Smiling .... Hemant Agarwal