• 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

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.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

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 Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

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,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

He can execute the gift deed even if he does not have any bills of the furniture/other items that he intends to gift.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer