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Muralidharan   01 October 2017

Is this gift deed valid?

This has happened in 2011 in Tamil Nadu.

1. The land is in Taluk A but registered in Taluk B.
2. To facilitate the registration in Taluk B the donee has done it this way:
Donee has sold a land in Taluk B to Donor to facilitate the registration in Taluk B. Donor never had that amount of money to buy land in Taluk B.
3. The gift deed contains few lands which was previously(decades before) sold to others.
4. The main land in the gift deed is a land that was earned by Donor's father.

Thank You.


Learning

 6 Replies

Siddharth Srivastava (Advocate)     01 October 2017

What is your query? Mere registration of gift deed does no amount a valid gift.

Kumar Doab (FIN)     01 October 2017

This query may pls be redrafted so as to convey a clear message.

The gift is without consideration.

So if said land was sold than gifted and some consideration was collected by donor then it could be negative factor in relation to gift of immovable property.

The donor can gift only that immovable property whose title is clear and on donor’s name.

Kumar Doab (FIN)     01 October 2017

Is it same matter/query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=154522&offset=1

Muralidharan   02 October 2017

Yes, same matter. Can ancestral property be gift deed? Thanks for your special interest sir.

Kumar Doab (FIN)     02 October 2017

Dear LCI querist @ Mr. Muralidharan

NO special interest.

There seems to be some confusion.

 

Kumar Doab (FIN)     02 October 2017

Originally posted by : Muralidharan
This has happened in 2011 in Tamil Nadu.1. The land is in Taluk A but registered in Taluk B.2. To facilitate the registration in Taluk B the donee has done it this way: Donee has sold a land in Taluk B to Donor to facilitate the registration in Taluk B. Donor never had that amount of money to buy land in Taluk B. 3. The gift deed contains few lands which was previously(decades before) sold to others. 4. The main land in the gift deed is a land that was earned by Donor's father. Thank You.

 

Gift is without consideration.

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