• Gift Deed from brother to sister

I am looking to buy a property, which in the recent past was gifted from brother to sister in the form of registered gift deed. The gift deed does not involve the Donor's wife's consent. The donor also has children who are minor. No consent from the wife of donor, can this cause an issue at some point later?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) if it was self acquired property of donor he could execute gift deed in favour of his sister . 

2) consent of wife and   children is not required for execution of gift deed

3) what is required is that gift deed should be duly stamped and regd and possession delivered to donnee 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) if it was grand father self acquired property he could have executed gift deed in favour of his grand son 

2) grand son could execute gift deed in favour of his sister 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. The donor's wife's consent was not required unless she had a vested right in the property. 

2. Unless the donor's wife had a vested legal right in the property the gift deed could have been executed without her consent.

3. The children do not have any share in the property of their father during his lifetime. So their consent is also out of question.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The donor assumed exclusive ownership of the property after the gift deed was made in his favour by his grandfather. So he could have made a gift thereof in favour of his sister.

2. The gift deed made by him in favour of his sister should be got vetted from a lawyer to check if it preserves or creates any vested  legal right of the wife of the donor. If the answer to this question is found in the negative then it will be safe for you to purchase it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
according to TP Act karta of joint Hindu  property has right to gift without consent of his wife and minor child because it is presumed by law that he is working in the interest of family. once gift is made and Donee get possession, if that property is alienated to third party on the consideration then this transfer of property will never be challenge by the other family member.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
if gift is registered and duly attested by witness then it is a valid gift. donee gets absolute right towards property. this is deemed to be donee's self acquired property.  in Suraj Lamp & Industries (P) ... vs State Of Haryana, it is held by the supreme court that donee has absolute right to sell gifted property. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Hi, it was gifted to donor by his grandfather then it become the self acquired property of the donor so the donor has every right to gift the property in the name of her siste.

2. The consent of the legal heirs of the donor is not required.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. A property can be gifted from brother to sister in the form of a registered gift deed.
2. It is not necessary to take wife's consent because the property becomes the self-acquired property of the donee when his grand father gifted the property to the present donor.
3. Since the property has become self-acquired property of the present donor, he can dispose off the property in any manner he desires and his wife's & children's consent is not required. Minor children also do not have any right in father's self-acquired property.
4. This cannot cause an issue later at any point.
5. A gift of a property from grand father to grand son becomes a self-acquired property of the grand son, subsequent to the execution of gift deed. Confirmation deed has no relevance here.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. If the donor is the absolute owner of the property he had gifted, then he need not take consent from his wife or take her signature,

2. The minor children of the donor also do not have any right on the said gifted property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. The donor is the absolute owner of th said property which was gifted to him by his grabdfather,

2.He can gift his said property to his sister without te consent of any body.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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