• Gift Deed with one witness. Is it a problem?

Sir, my uncle had given a property by a Gift Deed to my father on 21/05/2012. And that property was registered on that day. Now he filed a legal suit by telling that the gift deed is fraud and illegal. And he is appealing in the court that for cancelling the Gift Deed.
Sir, I summarize his points in his petition :
1) He comes to know about this gift deed by June 2018.
2) There is only one witness in the deed
3) He was told by my father, that the purpose of the registration is for the ‘Power of attorney’ given to my father. 

But sir, my father has registered the property lawfully. My father did mutation of that property on the year 2012 and have holding no in his name (my father) too. My father also paid property taxes over the year. I find only one problem of the deed which is, witness of one person instead of two. Please give me suggestion, what should we do?
Asked 4 years ago in Property Law
Religion: Hindu

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26 Answers

Dear Client,

Only through registration, a gift deed becomes valid and the title of the immovable property passes on from the donor to the donee and It must be attested by at least 2 witnesses.

Is this Deed registered ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

one witness is enough to prove deed invalid and thats what your uncle has taken advantage of

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

- If the Gift Deed is registered, then there is no issue with the number of witnesses.

- If the Gift Deed is not registered, then its authenticity can very well be challenged in court.

Either way, please appoint a local lawyer to represent you at the earliest.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Registered Gift Deed With One Witness is Perfect.

if it is unregistered let it be corrected before presentation for registration with the Sub-Registrar, it is compulsory.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Gift deed needs to be attested by 2 witnesses

executant can sign in the presence of one of the two witnesses and mark in the presence of the other (so that the other witness is aware of the signature of the executant).

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

As i said, as per execution of GIFT, it has to signed by 2 witness.

May be the gift writers was another witness, Well, precise can advise on perusal of GIFT Deed, whether duly executed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. the uncle has signed the gift deed

2. did the uncle appear in the registration office for confirming to the registrar that the signature on the gift deed is his signature?

3. one witness is perfectly fine. there is no necessity that there have to be 2 witnesses

4. gift deed done in 2012. Suit filed in 2018. Suit is barred by limitation

5. father's name was also mutated. father also paying property taxes since 2012. What was the uncle doing all these years? did he pay any outgoings for the property? if not then his claim is not legal and in the first place barred by limitation

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

if the deed is registered and further signed by your uncle before the sub registrar and executed then it is perfectly fine the deed writer can be treated as second witness.

So in case the deed is registered duty paid then there shall be no problem even signed by one witness.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There wont be any problem the gift wont be treated invalid, the signature of the deed writer can be treated as second witness as he was present before the sub registrar and can confirm the transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A clear case of Fraud is made out ; no gift deed can be registered with only 1 witness and it will create a question mark on the registrars ability to verify and also the advocate involved at the time of registration. Please consult a property advocate expert in these matters instead of wasting time asking questions here . Before a criminal case is lodged in the name of your father for forgery and cheating.

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

Firslty, as you have stated that the gift deed consisted of one witness only it may be a point of problem.

Secondly, but, there is also a period of thee years to challenge the same deed.

Thirdly, which has been elapsed, now the suit if they file for the cancellation of the same is barred by limitation.

Their claim to put question on it has gone now.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Was it a registered gift deed?

One witness in the deed will create a problem.

Kindly consult an advocate with entire set of documents

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. Who is the "deed writer"?

2. If there is a deed writer then tell the court that he is the second attesting witness;

3. Do not say that the deed writer is a identifying witness;

4. Only attesting witness are considered as valid under section 123 of Transfer of Property Act;

5. Therefore your reply should be that there are two witnesses and therefore the Registrar recorded the mutation entry in the property records;

6. The Gift Deed was made by the testator with full knowledge;

7. The Gift Deed cannot be revoked for small irregularity;

8. Say that your livelihood depends on that property and displacing you will affect your rights.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Please appoint a local lawyer at the earliest to represent you.

Do not worry, the three points mentioned in his petition can be easily challenged.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

There is no legal infirmity if the registered gift deed has been attested by only one witness.

This is not a defect to the registered gift deed.

His case is not maintainable and it will be dismissed because of the fact that he has approached court with flimsy reason and unclean hands.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

The deed is legally valid.

There is no defect in the registered gift deed.

You need not worry, the case filed by him is not maintainable and tenable in law.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

attest is to bear witness to a fact. Briefly put, the essential conditions of a valid attestation under s.3 are: (1) two or more witnesses have seen the executant sign the instrument or have received from him a personal acknowledgement of his signature; (2) with a view to attest or to bear witness to this fact each of them has signed the instrument in the presence of the executant. It is essential that the witness should have put his signature animo attestandi, that is, for the purpose of attesting that he has seen the executant sign or has received from him a personal acknowledgement of his signature. If a person puts his signature on the document for some other purpose, e.g., to certify that he is a scribe or an identifier or a registering officer, he is not an attesting witness.

2) scribe cannot be attesting witness

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The scribe will have to agree that he signed the document as an attesting witness and not as a deed writer

If he is agreeable you can produce him as your witness at the trial

The scribe can file his affidavit of evidence where he can say that he signed as an attesting witness and had witnessed execution of gift deed by the donor

There is no restriction in law that a scribe cannot sign both as a scribe as well as an attesting witness

The scribe is free to say that even though he is the deed writer, he signed the document both in capacity of scribe and as an attesting witness

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

A scribe is a term for someone employed to make written copies of documents, You cant use as witness,

Yes Scribe signature is Compulsory on Every Deed.

Yes one Person signature is enough for witness.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See the deed has to be perused for that as scribe signed as witness at registration office or as scribe before registration.

no the scribe sign is not necessary.

See since the deed is registered there shall be no problem with the number of witness signing same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Scribe can be attesting witness but it has to be mention in deed that he has signed the Will in a capacity of attesting witness.

NO, signature of donor and witness.

cant advised without perusal of deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The objection to only one witness should have been raised by the registrar, if there was no objection to that then there can be no dispute to that at this stage.

2.yes.

3. No.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

1. Then the donor may have to execute a registered rectification deed ion favor of the donee.

2. The law is very clear that they cannot claim any share in the property as a right.

Who objected to only one witness in the gift deed.

The registrar was the actual and correct person to point it out if it was a defect.

Because the witness has to be present before the registrar at the time of registering the property.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

Cancel the gift deed by mutual consent

Execute fresh gift deed

Have it duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

take an affidavit from the legal heirs of donor whereiin they will confirm the gift deed made by their predecessor

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Rectification of Deed is an option.

rectify the deed, all future claims will cease.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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