Upgrad LLM

gift deed : is it void?


Hello Respected Experts,

Situation:

  • There was immovable property (Residential building) on the name of my grandfather and grandmother.
  • In 1973, grandfather signed and registered a gift deed to provide gift on the name of my father.
  • Grandfather passed away in 1975.
  • In 1976 my grandmother registered a letter stating that he do not have any objection to above Gift Deed and she do not have any interest or share in the said property.
  • Grandmother passed away in 1978.

I think this Gift Deed is void due to below reasons and need your expert opinion to correct if I am wrong and inform me if any points are missed:

1. Gift Deed should be signed by both owners as it is on the name of two, but Gift deed is only signed by one owner.

2. I noticed there is only signature of one witness. Minimum 2 witnesses are required.

3. No ID proof of witness attached.

4. Instead of signing gift deed in 1973, Grandmother registered NOC letter, which is registered. This letter got only one witness of the person who registered this letter.

5. NOC letter registered by Grandmother after Grandfather pass away.

 
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Lawyer

perfect you had good knowledge of gift deed.


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Lawyer at Supreme Court of India

Sir, 

 

Yes your apprehensions are correct. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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subregistrar/supdt.(retired)

Authors, 

1.Yes. gift deed should be signed by both owners, otherwise grandfather can execute gift deed for his share only.

2. you said that the gift deed was registered.  If it was registered if had been two witnesses, otherwise the deed could not be registered.

3. the gift deed was registered in the year 1973 and hence ID proof is not necessary.

4. Two wintesses should be signed in any deed even if it is unregistered.  if not it is not valid.


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Adv.Bharat, Kapil Chandna and Mr. Satyanarayana

Thank you for your valuable feedback. Happy to know I can undersand something from Law side...smiley

 
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