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Kamal Pal   03 April 2017

Property gift deed

My father has made a registered Gift Deed of property in the name of my elder brother without NOC of mine & my sister. Is that Gift Deed is valid?


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 16 Replies


(Guest)

Is it khud ki kamai property?

Kamal Pal   03 April 2017

yes, owned by father

shrenik (lawyer)     03 April 2017

then ur father can give to any one 

you cant have any objection

Kamal Pal   03 April 2017

Thanks for your response. Now, my brother made a Notary Gift deed & Notary Will where he gifted 2 out of 4 floor in the same property in my name. Is that Valid or i need to register the same?

Kumar Doab (FIN)     03 April 2017

It is believed that you are all Hindu.

Confirm!

 

Kumar Doab (FIN)     03 April 2017

Originally posted by : Kamal Pal
My father has made a registered Gift Deed of property in the name of my elder brother without NOC of mine & my sister. Is that Gift Deed is valid?

The gift deed for immovable property should be registered.

The gift is complete once gifted b y donor and accepted by donee.

The valid/registered gift deed confers title/ownership immediately.

 

 

 

Kumar Doab (FIN)     03 April 2017

Obtain complete mutation records from begining: atleats showing ownership in the name of Father/ then in the name of brother by gift and copy of link document (gift deed) and then register the gift deed from brother to you.

Since it is gift between blood relation, the stamp duty/chatrges may be NIL/negligible.

If brother signs gift deed by appearing before registering authority,WILL  is not required.

Will can be cancelled/changed by testator anytime in his life time.

Still if you wish ensure the WILL is valid and is signed by two witnesses and if possible register it.

 

 

Kumar Doab (FIN)     03 April 2017

Is brother willing to register gift deed in your favor?

Kamal Pal   04 April 2017

Only Notary deed. is that valid?

Kamal Pal   04 April 2017

Thanks Sir.

Kumar Doab (FIN)     04 April 2017

In your case. No, It is not.

Kumar Doab (FIN)     04 April 2017

It has already been posted that: The gift deed for immovable property should be registered.

Bharatkumar (ADVOCATE )     05 April 2017

if the property is purchase by your father on his own coste so only your father is owner of this property and he like to sell-trasfer-gift this property to any person. You can not take any objection for that.

Kamal Pal   21 January 2018

My father executed a gift deed (Registered) in favour of my elder brother without any knowledge of myself (younger brother) & my sister. I got to know after 2 monrhs of my father death. My father was living with my elder brother when he died. I have given almost 60% of the money to built the house and paid all medical expenses of my father. Now my brother claiming right on the entire property. Gift Deed us registered and witness are my Brothers wife and one of hus friend. Can thus gift deed be challenged and what about the money i paid to built the house? Thus property has 4 floors out if which 2 are locked, i am residing in one of the floor and one is with tenant.....Can you please help me how to take this forward?

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