• Gift deed clause so that legal heir cannot legally claim back the gift from donee

Dear Sir/Madam
My aunt(Dad's brother's wife) want to gift me a sum of money as gift for my marriage.
We want to register this gift deed.
What clause can be added to the gift deed to ensure 
1) Its not signed under undue influence or coercion or fraud but with her full will
2)that none of her children/grandchildren/legal heir have any question /reservation on the gift deed and cannot legally claim the amt back from donee.
Should we take sign of her children on the gift deed to confirm that they are aware of this and they have no objection
3)How to check the registered deed after registration process is completed
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Registration of gift deed is not mandatory for movable assets 

 

2) WHEREAS the Donor has made the instant gift to Donee according to his own free and sweet Will and without any fraud, undue influence or threat/pressure from any corner of anybody who so ever.

 

3)

NOW THIS DEED WITNESSES AS UNDER:-

1. That the Donor in consideration of his natural love and affection for the above named Donee has voluntarily and out of his own free will, without coercion, undue influence from anybody whatsoever do hereby gift, give, convey, transfer unto the above named Donee

4) legal heirs can file suit to set aside gift deed but may not succeed 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

The following points should be addressed in a cash gift deed to family members:

  • Donor and donee information (name, date of birth, residence, relationship, father’s name, etc.)
  • The sum of money given as a gift,
  • If there is a reason for the gift, please explain it.
  • Clause indicating that the act was performed voluntarily, without the use of force or coercion
  • A clause stating that the donor is not insolvent,
  • Clause claiming that the gift is being made without payment.
  • The date and location of the transaction,
  • If there are any conditions or requests,
  • Signatures of both the donor and the person receiving
  • Signatures and contact information for two witnesses

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

You need to take the noc of all legal heirs id they are shareholders in said gift property

You need to execute irrevocable gift deed.

You will get the copy of registered gift deed.once registered 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. It should be irrevocable and not signed under duress, threatening, coercion, etc.

2.  As you have rightly suggested that her legal heirs can't claim back the gifted amount as it's irrevocable.

3.  A Irrevocable Gift Deed would be prepared with all the points mentioned above and registered in the jurisdictional Sub Registrar's Office. After registration of the Gift Deed, the Donee will get the original Gift Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Your aunt must be of sound mind and must be making the gift voluntarily and without any undue influence, coercion or fraud.

When drafting the gift deed, it is important to include a clause which states that the gift is being made with full knowledge and consent of the donor's legal heirs and that they have no objections to the gift.

The donor's legal heirs should be asked to sign the gift deed in order to confirm that they are aware of the gift and have no objections to it. This will provide further evidence that the gift is being made voluntarily and without any undue influence, coercion or fraud.

After the gift deed has been registered, it is important to check the registered deed to ensure that all the provisions of the deed have been correctly recorded. This can be done by requesting a copy of the deed from the registering authority.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Just mention that the sum of money is being given out of love and affection towards you without any undue influence of any kind.

Once the amount is transferred to you via gift no one can claim that.

You have to go to registrar office for registration and will get registered copy of deed

 

 

 

Ravi Panwar
Advocate, New Delhi
116 Answers

Hello,

  1. The clause " It's not signed under undue influence or coercion or fraud but with her full will" is a mandatory clause.
  2. On a registered Gift Deed that is witnessed by 2 witnesses there cannot be any disputes or the legal heirs cannot claim it back.
  3. You need to ensure that the with the Gift Deed should have a Doctor's certificate that states that she is mentally and physically fit to make the Will.
  4. This would be sufficient precaution.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

To ensure that the gift deed is executed without any coercion or fraud, you can add a clause stating that the gift is being made voluntarily by your aunt and that she has not been influenced by anyone to make the gift. This clause can also state that your aunt understands the consequences of the gift and has made the gift of her own free will.

 

To ensure that your aunt's children/grandchildren/legal heir have no claim over the gift amount, you can add a clause stating that the gift is being made to you as an absolute and irrevocable gift, without any conditions attached, and that the donee has the full right to use the gift in any manner they deem fit. It is not necessary to take the sign of her children on the gift deed, but you can obtain a no-objection certificate from them to ensure that they do not have any objections to the gift.

 

After the registration process is completed, you can obtain a certified copy of the registered gift deed from the Sub-Registrar's office where the deed was registered. The certified copy will contain the details of the registered gift deed and the registration number, which can be used to verify the registration of the deed.

 

 

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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