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Sahil Adv. (IT Professional)     03 July 2009

Is this Gift Deed Valid?

My uncle (Donor) made a Gift Deed in favour of my Mother (Donee), this deed has been registered in the office of Sub-Registrar.

The stamp paper used in this Gift Deed doesn't have signature/thumb imprssion of my mother (Donee) but my Uncle's signature/thumb impession are there. Is there anything to be worried about?



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 16 Replies

SANJAY DIXIT (Advocate)     03 July 2009

Dear Sahil,

Whether the gift deed is regarding immovable or movable property?

If its regarding immovable property, whether the property is in the possession of your mother?

Sahil Adv. (IT Professional)     04 July 2009

Its about Immovable Property and my mother has the possesion.

I wanted to know whether it was required to have my mother signed/thumb impression the back of stamp paper along with my Uncle?

Sahil Adv. (IT Professional)     04 July 2009

Correction:

All signatures/thumb impressions are there except one on the back of Stamp Paper, which is only my mother's. My Uncle's Signature/Thumb Impression are there on the back and We've received the registered Gift Deed. Should We need to take any step?

sunaina (Lawyer)     04 July 2009

Hi,

One signature of donee has to be there stating that Gift has been accepted/received. Acceptance is an essential ingredient of Gift. According to you gift has been accepted and even the possesion has been taken. And already the Gift Deed is registered then I think signature at this point will not be a hurdle. However, I advise you to confirm on the same with some other lawyer, along with the document.

VIMALA ASHOK (professional)     04 July 2009

Hi

When a Gift Deed is made by a donor it is important to mention that the Donee has accepted the Gift. The possession of the movable and idocument of mmovable property should pass from the donor's possession to the Donee's possession

Sahil Adv. (IT Professional)     05 July 2009

NOW THIS DEED WITNESSETH AS UNDER:-

3. That the said property is already in possession of the Donee and this fact is hereby again confirmed by the Donor, the Donor has delivered proprietary rights and possession of the said share of the said property to the Donee by this Deed.

11. That the said Donee accepts the said gift with thanks.

There are the 2 points in Gift Deed which clears the possession thing and as I already told you my mother has the possesion. We've been living there for the last 50 years.

I just want to make sure if the back of stamp paper needs my mother's signature too. This deed was registered just last week, so It can be corrected right? We don't want anything to happen in future.

Sahil Adv. (IT Professional)     05 July 2009

One more thing I wanted to let you guys know. Stamp Paper back is blank, just in case.

Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     07 July 2009

Can any condition can be imposed on gift deed?.my parents want to give our immovable property to my sister as dowry and they want to impose a condition that it can't be sold till 3 yrs.whether it is possible?pls suggest some other ideas.

Thanks in advance

pragadeesh

Sandeep (Business)     07 July 2009

The back of the stamp paper needs to have the date of purchase of stamp paper, who has purchased it and the signature of the vendor with stamp.

Sahil Adv. (IT Professional)     08 July 2009

Dear Sandeep,  eStamp is being used since 1st April 2008 in Delhi for paying Stamp Duty towards immovable property. This is issued by only Corporation Bank so it can't have any vendor stamp and its signature.

 

Dear Pragadeesh, As far as I have understood Gift Deed, it can be of two kinds, Conditional (revocable) or Unconditional (irrevocable). You can easily add conditions like you mentioned. You just need to see some legal expert (Advocate). Try visiting Sub-Registrar office for the zone that property located in for further explanation.

 

Sahil Adv. (IT Professional)     08 July 2009

Dear Pragadeesh, I want you to remember it is illegal to give or take Dowry

m.kupparaju (Advocate)     23 July 2009

Dear Pragadeesh,

Under Section 122 of the Transfer of Property Act, the Gift has been defined as a voluntary transfer of a peroperty in consideration of natural love and affection to a living person.  An endownment to God is not a Gift as a Gift requires acceptance by the person in whose favour it is made.  A Gift must be free voluntary, absolute and unconditional.  

Jithendra.H.J (Lawyer)     08 August 2009

Dear dont get panic! if your mother has not singed the stamp paper, the gift deed is not going to be void or illegal. she is in possession of the property, and she has recieved the orignal gift deed, it is enough it is a valid gift.

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 August 2009

 Donor's signature is the main thing sir. Your mother is a donee. She may receive by putting the 


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