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(Guest)

Independent witnesses and validity of legal document

Can we quoestion the validity of gift deed  if its witness are in blood relations or who have interests in

failure or success of transctions or singed document?



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     20 December 2019

Dear sir,

Interested witness cannot be sole ground to challenge the gift deed. However if you feel aggrieved by the transaction you can challenge it.

Regards,

G.L.N. Prasad (Retired employee.)     20 December 2019

The witness role is confined to that the document executed was signed in their presence.  They are not concerned with contents. and it's validity.  If the signature is not proper challenge the signature of the donor.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 December 2019

1. Witnesses can be ANYBODY, including all types of Blood-Relatives, BUT to the exception of Donor & Donee, when in relation to a Gift Deed, for "Self-Acquired Properties".

2. Gift Deed CANNOT be challenged on above ground, by any of the witnesses or other blood relatives.

3. However, Gift Deed CAN be rescinded, IF Gift Deed is executed for "monetary considerations", or NOT Stamp Duty paid and  NOT Registered before the local Registrar of Sub-Assurances.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate)     23 December 2019

I endorse and appreciate expert advise of Mr. Hemant Agarwal.

The gift deed has to be properly registered u/s 17 of the Registration Act.


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