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swetha (student)     18 March 2013

Gift deed

respected advocates of the forum , i had been through the site .ur ways of answering to the questions were awesome , i would like to ask u regarding the gift deed , hope u all reply to this very soon 

if a father has two wives , first wife doesn't have children , where as second wife has only one daughter , before his death he has done gift deed registration of his house in the name of his only daughter . the 1st wife is also alive .. now that daughter had sole that house , does first wife has any right to claim that property or else if she launches any complaint against this girl , does court give any shares to her ? what are the exact rights of gift deed ... and another thing is pension is used by one the first wife ..neither the second wife nor daughter is getting use of it .

plzzzzzz reply soon its urgent !! thank you 



 15 Replies

Advocate Sastry (Advocate)     18 March 2013

before his death he has done gift deed registration of his house in the name of his only daughter .

Yes Gift Deed is valid.  Others will not have any claim since gift deed is registered during his life time.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2013

Suggestion of brother advocate Sastry is correct. As far as pension is concerned, all the people having rights on it.

Advocate Sastry (Advocate)     18 March 2013

@Dear brother Rama Chary,

Thanks for your compliment... As regards pension I feel that the nomination of his first wife must have been entered in his service records and accordingly she must be getting the pension... In fact I did not comment on this because Swetha mentioned that ..neither the second wife nor daughter is getting use of it .

swetha (student)     18 March 2013

sir .. i jst want to knw does the daughter has total rights on the property gifted by her father? because her father is no more now ... Is SHE THE ONLY LEGAL HEIR TO THAT PROPERTY ? or else does court or any others hav any objection to this ? .. plz elaborate if so ....

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 March 2013

Daughter is only having on right on the property. Since gift deed cannot cancel once it is gifted.

Advocate Sastry (Advocate)     19 March 2013

@Swetha,

From the facts mentioned by you, the daughter will be the legal owner of the property... The gift deed is registered and the Donee (daughter)  will get full rights over the property if she has accepted the gift at the time of registration.... No one else can have any claim over the gifted property...

swetha (student)     19 March 2013

thank you for your answers , sir ... another small clarification ... if the first wife appeals to the court to get share in the property , does court accept that  ? as i mentioned you before that first wife is not even giving the pension to second wife and the daughter ..she is only utilizing it alone ..

Advocate Sastry (Advocate)     19 March 2013

The first wife will not get any share

swetha (student)     19 March 2013

thank you very much for ur valuable answers sir ... thanks a lot .. 

Balaji Bakthavathsal (+919444448455)     19 March 2013

Gift Deed duly registered is 100 % valid as long as the donor is the absolute owner of the property. In our country, as per the Registration Act, any one can Gift anyone's property. It happened in my case. The property which has been registered in the name of my father was gifted by a fraudulent lady to her son claiming that she inherited the property from her husband's grandfather. The Registration officials simply registered the Gift Deed without verifying the ownership and contended that it is none of their business to check the ownership. Swetha Madam, I am not placing points against you, but I am telling you the facts. If the property is owned by your father, then the Gift Deed is 100 % valid and no one can challenge it. As regards the Pension issue, when a second marriage takes place during the life time of first wife, it is null and void and the second wife will not get any pensionary benefit as per the government rules. 

shagun (.)     19 March 2013

sir please suggest me on this ...............
my sister is married now ,and she want to give me a gift  of rupees 900000(nine lacs) to me.
and i was adopted by my aunt (father's sister) around 7-8 years ago.
my query is to know that ,shoul i have to pay tax on gift recieved from my sister.
do i have to show rupees 900000 as my income and have to pay tax on it of this financial year

Advocate Sastry (Advocate)     20 March 2013

@Shagun,

I feel you should ask your chartered accountant in this matter of taxation...

1 Like

shagun (.)     20 March 2013

sir ,i dont have any chartered accountant .
if u can confirm with someone else, then please make it possible
sir this is very urgent as i have to show in  income tax return by 31st march 2013.
 

Advocate Sastry (Advocate)     20 March 2013

Dear Shagun,

I admitted that I dont have knowlege on Tax matters... Sorry

1 Like

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