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shraddha@244   22 March 2022

Gift deed prior to divorce

Myself and wife has agreed for mutual consent divorce. We have 4 year old daughter whose custody will be with her,For the same we have flat in Pune on myself and wifes name

Further I want to gift deed this flat to my daughter , as my daughter is minor, legal guardian will be her mother name(but her name will be before marriage name) 

Is above thing is possible through gift deed



Quick Summary
This discussion explores the possibility of transferring a jointly owned flat in Pune to a daughter via a gift deed before a mutual consent divorce. The key concern is that the daughter is a minor, and her mother would act as the legal guardian. Advice suggests that while possible, it's advisable for both parents to be named as guardians to protect the child's interests fully.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 March 2022

Hello,

You can purchase flat in the name of your daughter. Her mother can be guardian. It is better mother give her after marriage name.

Atul Saxena   22 March 2022

Your interest is more about to protect and secure her ( daughter) future .
It is advisable to excute gift deed in daughter favour and you both be as guardian.
Appointing only mother as guardian for property in not advisable considering your interest and willingness.

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