If your father is particular in giving away furniture and other movable items to you after his lifetime, he may prepare a Will and bequeath all these items in your favor in the will and get the will registered so that you can legally enforce the will and acquire the properties bequeathed in your favor without problems from you other relatives.
Gift deed
Father wishes to gift me part of the furniture (tables, chairs etc) in his house that I can take away after his passing away. I cannot take it now because he is using the furniture. But purchase bills of furniture are all lost so ownership, although his, ownership is indisputable, but cannot be established on paper. How to make such a gift deed so that siblings may not be able to challenge.
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
He owns lots of things, bank accounts, properties etc, and he has not taken his full decisions yet. I requested him to gift deed some of the furniture to me now itself which he accepted. Can gift deed be prepared though furniture bills and purchase receipts are not available.
Asked 7 years ago
Understand the concept of gift deed.
A gift is the transfer of existing movable or immovable property by a donor (the person making the gift) to a donee (recipient) and accepted by or on behalf of the donee. The gift of movable or immovable property must be in accordance with section 122 of the Transfer of Property Act, 1882.
Section 122 in The Transfer of Property Act, 1882
122. “Gift” defined.—“Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
No gift deed is required to be executed for gift of a movable property. Therefore, a simple letter of making the gift by the donor and a letter from the donee accepting such gift should be sufficient for the gift of a movable property.
Section 10 in The Transfer of Property Act, 1882
10. Condition restraining alienation.—Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him: provided that property may be transferred to or for the benefit of a women (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.
Section 12 in The Transfer of Property Act, 1882
12. Condition making interest determinable on insolvency or attempted alienation.—Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavoring to transfer or dispose of the same, such condition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.
The above are few provisions given in your interest.
You should understand the concept that a person can gift an item to another only when he is the owner of the item being gifted.
If your father is the absolute owner of the property and there can be no dispute about his ownership to this movable property there can be no legal infirmity to transfer this movable property by a gift deed subject to the provisions of law as mentioned in the above paragraphs.
1) gift deed can be executed by father wherein he transfers the furniture to you '
2) in the gift deed there can be averment that he is absolute owner of the furniture and he has purchased the said furnture through his own income
3) gift deed should be stamped and regsitered
4) always open to your siblings to challenge the gift deed but they have to prove that gift deed was executed by coercion or undue influnece
gift deed can be prepared although purchase are not available
2) in respect of other assets of father will should be executed by father and attested by 2 witnesses
gift of movable property can be made oral. gift deed is not mandatory. you can claim your right but after proving of the fact that your father was gifted these articles.
no need to prove any written document. you should take possession over the properties on the ground of gift. then burden of proof will shift upon your siblings.
Shivendra, how would you prove an oral gift in the absence of the person who made the oral gift. I cannot take the pieces of furniture (being given to me orally by him) until my father's passing away because he is using these things. Ajay sample gift deeds available online appear to have a standardised format and I did not see any scope of adding an averment. Where in the text can it be added? And can you give me the exact sentence for the averment you mentioned? OR: Perhaps a declaration on legal stamp paper (averment?) that the furniture (being promised to me) belongs to him, if so how much stamp paper, 50 or 100 rupees? Can such a statement be submitted with the gift deed? Would it not be better to attach to the declaration and gift deed, photographs of the items being promised to me orally?
Asked 7 years ago
1) details of furniture can be mentioned in schedule
2) no need to attach photographs
3) you should gift deed drfated by lawyer . dont go in for standardized formats
4) in the recitals it can be mentioned that father is absolute owner of the furniture and it has been acquired from his own income . further in the body of gift deed such clause can be inserted
1. Let your father execute a gift deed in your favour which requires a mandatory registration. A gift deed can be challenged only on the ground of incompetency of the donor to make the gift or that it was not executed with free consent.
2. Get the gift deed drafted by a lawyer and then register it,
He can execute the gift deed even if he does not have any bills of the furniture/other items that he intends to gift.
One of you wrote "A gift deed can be challenged only on the ground of incompetency of the donor to make the gift or that it was not executed with free consent." So what happens if it is challenged this way in case of furniture (movable property)? 1) Does the furniture (or movable property) get sealed or taken away by the court immediately once the challenge case is filed? 2) OR does challenger have to prove his claims using documentary evidence that the donor was incompetent or coerced, before the furniture is sealed or taken away or whatever? 3) In case the challenger does not provide evidence of his claims, how long will the case take to be disposed off? 4) Is registration of gift deed required for furniture (movable property)? An article online says that even for movable property, an unregistered gift deed is invalid.
Asked 7 years ago
1) if suit is filed to set aside gift deed on account of coercion court would direct maintenance of status quo
2)furniture is not taken away or sealed
3) burden of proof is on plaintiff to prove gift deed was executed by coercion
4) suit would take 15 yearts to be dipsoed of
5) better regsiter the gift deed