• Is separate gift deed required for family members. because some member accept some may reject

Our father has 10 acres of agricultural land we are 6 sons and 3 daughters. all daughters married before 2001 and they have land as much as we have. our father wanted to make gift deed to 6 sons. because there is no consensus among 6 sons since 25 years. can the father make gift deed in single deed or separate deed required for each. because some may reject some may accept.

father wanted to make equal share among six sons. i am one of them and dont want trap with them and wanted separate gift deed. can i get seperate gift deed or combined with 6 others?

property is self occupied property
Asked 1 year ago in Property Law from banglore, Karnataka
Religion: Hindu

Your father can execute deed of family settlement infavour of 6 sons

2) it should be duly stamped and registered

3) father can execute separate gift deed for x acres of land in your favour

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear Client,

For one land, single GIFT or settlement deed is valid in which portion of land shall be gifted acc. to father wish.

Separate deed is also permissible.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

1. He can execute a single gift deed wherein he can gift the land to all his 6 sons. Separate gift deeds are not required. Furthermore, if the land is a single undivided unit then only one gift deed should be made, else the gift deeds may run into troubled waters.

2. The gift deed requires mandatory registration.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

It will be good if he make multiple deeds. Because gift can take place only if all the donees accepts the gift. So if singke deed made and someone denies then new gift deed excluding him needs to be made.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1. Assuming that it is the self acquired property of your father, it's left to his sweet will and wish to dispose or retain the property or to gift the property to anyone, including his. children.

2. It's upto your father to execute a single Gift Deed for all the beneficiaries or multiple deeds selecting individual beneficiary.

3. Since you have narrated that by doing a combined Gift Deed, some beneficiaries may accept and some may reject, it's suggested to execute separate individual Gift Deed for each beneficiary.

Shashidhar S. Sastry
Advocate, Bangalore
2114 Answers
143 Consultations

5.0 on 5.0

1) Its still depends upon your father that how should he want produce gift individual or groupwise.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

You can create gift in both the ways.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

sir.

if ur father agrees u can take a separate gift deed with clear mention of property details.

Charulatha M
Advocate, Bangalore
6 Answers

Not rated

1. If the donees are different then separate deed of gift requires to be executed and registered by the donor.

2. Another option for the father is to make a deed of settlement n favour of all sons .

3. The deed of gift or deed of settlement is possible when the land is self acquired property of father if the same is ancestral then the is liable for equal division among his daughters as well along with his sons,

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

1. separate gift deeds should be made

2. if there is one single gift deed, then how will donee get title?

3. the gift deed is a title document of the donee

4. if there are 6 gifts to 6 donees, then who will keep original gift deed? again there will be dispute

5. so go for separate individual gift deeds

6. for those sons who are not agreeable, father can make a Will in their favour

7. for those sons who are willing to accept the gift, gift deeds can be made in their favour

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

1. Father may execute a Registered Gift Deed of his 10 Acres Land, to his Six sons.

2. BUT how would Father know as to which specific portion (of 10 acres) would belong to which Son and What would define each sons Land contours /location, in the Gift Deed.

3. The 10 acres is now an undivided property, hence CANNOT be Gifted, unless you create a Survey document and specify the Six portion's contours /location on the survey record.

4. AFTER above, legally better to execute separate Gift Deed for each of the Six marked portions in each of the sons names, which will have clear & marketable Title, OTHERWISE the Six sons may create a dispute amongst themselves and not cooperate for the other brother to sell his land.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2403 Answers
14 Consultations

5.0 on 5.0

He has to make separate gift deeds .

You are free to get a share in this land through a separate gift deed.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Yes it can be executed by drafting a registered gift deed and paying applicable stamp duty.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Dear Sir

Two Options

1. Single gift Deed - The revenue documents may be executed as per your share and it will come seperately

2. Separate gift Deed -To separately to each one of you.

Feel free to reach us for any assistance

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.0 on 5.0

There is no legal infirmity by executing a single registered gift deed with six schedules of property mentioned in it separately to each individual.

However since you anticipate problems from your siblings in this regard, you may go for individual registered gift deeds to each one accordingly.

But in each gift deed a preface can be added stating that similar gift deeds have been executed to rest of the wards separately simultaneously, which will clear the future ambiguity in this regard.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Sir,

If it is the case ask your mother to register 6 different gift deeds or at least gift deed for you separately to avoid future complications. Since it is a self acquired property of your father as such no complications will arise after his death.

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Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

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