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Vamsi (XXXXXX)     16 December 2018

Property gift deed question?

Dear Lawyers,

I am from Andhra Pradesh. My father and brother done gift deed registration to me on January 2018(My Father got property to him as gift deed from his father). Now all documents are transferred to me including(1B and Adangal) and I also got Passbook for entire property.

If i want to sale this property do i need any additional documents from my father or brother like partition deed etc..?

Thanks for your reply in advance.

Best Regards,



Learning

 9 Replies

Siddharth Srivastava (Advocate)     16 December 2018

no additional document required.
1 Like

Vamsi (XXXXXX)     16 December 2018

Thank you Siddharth for your Quick response. may be another Question.. My brother or father signature is required during my sale to others?.

Thanks Agian.

 

 

Siddharth Srivastava (Advocate)     16 December 2018

Consult your lawyer.
1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     16 December 2018

Obtain the Gift deed of your father i.e. executed by your grandfather in favour of your father. as the gift deed was executed in your name, no signature of other person is required.

1 Like

Vamsi (XXXXXX)     17 December 2018

Thank you Sir.

Shashi Dhara   17 December 2018

U have got property thru gift. So it is hard to sell it because gift binds so me limitation i.e donor intention may be some thing. Clarify it.

Kumar Doab (FIN)     17 December 2018

 

You seem to have some apprehensions and that is why you have raised the query.

The legitimate owner (donor as in query) can dispose his estate/property whose title/ownership is vested in owner (donor), by a valid/registered deed.

If there is NO defect in title/ownership and estate/property is disposed by free will of owner then there should be NO issue.

 

Usually in case donor changes his/her mind then sometimes they cancel the gift deed (unilaterly) which may not have any legal force.

 

The gift deed can be cancelled by both donor and donee by appearing before the same registering authority.

Otherwise court alone can revoke the gift deed, on merits of matter e.g; if IT is established in court that gift was obtained by coercion, fraud, pressure etc…

 

What are reasons for your apprehensions?

 

1 Like

Vamsi (XXXXXX)     18 December 2018

Thank you Kumar.

Right now i have conflit with my brother on some other financial matters, that is the only reason to post my question here. My brother or Sister can do anything on this gifted property(However both of them are signed during gift deed registration)?.

 

Thanks.

Siddharth Srivastava (Advocate)     18 December 2018

If required obtain injunction in respect of property to protect it. Consult a lawyer/ Advocate only with details.

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