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Nayan (Software Engineer)     17 June 2012

Gift deed

Dear All

Can a son sell the property mentioned in the Gift Deed during the life time of the gifter (Father) ?

Context - Father is planning to execute a gift deed for an immovable property (commercial plot without any construction ) in the name of the his unmarried younger son ( total siblings 3- elder son , daughter and younger son ).

Does the younger son( to whom property is gifted ) have full right to sell the the gifted property during the life of  Father (Gifter) to any third party (  does he have to take the permission of the Siblings or the Gifter (Father ), when selling the property )?  - Please advise on the terms and conditions to be included in the gift deed , if the son can sell the property during the life time of his father .

Thank You



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 June 2012

If the father has full and clear title over the property and he has executed the gift deed and registered it, then the son can sell it at anytime. There is no need to get any permission from the father or other siblings.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 June 2012

 

1. A Registered Gift Deed would do if it is a self acquired property. 

 

2. Permission is not required 

1 Like

Nayan (Software Engineer)     17 June 2012

Thank you for the Informatio Adv Archana

Nayan (Software Engineer)     17 June 2012

Thank you Bharat for the Info


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