• Gift deed

Joint property in name of both husband and wife (doner 1 and doner 2). Getting divorce..They wish to transfer property through gift deed to their minor son (donee) under guardianship of mother (doner 2). So, in this case, can doner 2 be donee 's guardian and sign on behalf of donee. Also stamp duty paid by doner 2 ,will it not be regarded as consideration amount
Asked 2 years ago in Property Law
Religion: Hindu

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16 Answers

There is no question of any consideration amount in the proposed gift deed. If any consideration amount is paid then the gift deed becomes invalid.

In fact if the donee pays the stamp duty, it can amount to consideration paid by the donee for the gift under the Transfer of Property Act. Since there cannot be a consideration in a gift deed, the deed may be considered void when the donee pays the stamp duty. So, the donor is responsible for paying the stamp duty.

The mother of the minor son can accept the property transferred through a gift deed to her minor son in the capacity of the guardian and next friend of the minor child. 

Hence the stamp duty paid by the mother/ donor in the capacity of donor cannot be considered as a consideration amount towards payment of stamp duty.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Gift deed in favour of close family relatives attract nominal stamp duty 

 

Stamp duty paid would not be regarded as consideration amount

 

wife can accept gift on behalf  of minor son  

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1.  Donor 2 can be Donee's guardian and sign on behalf of Donee.

2.  Stamp duty paid by Donor 2 will not be considered as consideration amount. 

3.  There will be no consideration amount in Gift Deed but only out of natural love and affection, it will be executed.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

In case, if the donee is a minor, a natural guardian can accept the gift on behalf of the minor.

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Yes, donee can be guardian of donor. As such no prohibition. In Delhi stamp duty is 4% + 1% cess charge + 1% registration charges. Minor cannot sign in his personal capacity but guardian can sign on behalf of minor. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Certainly, there is no prohibition for a donee to act as the guardian of the donor. In Delhi, the stamp duty constitutes 4%, along with an additional 1% cess charge and 1% for registration charges. While a minor is unable to sign in their individual capacity, the guardian holds the authority to sign on behalf of the minor.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Minor can't sign on the Gift Deed. Minor has to be represented by natural guardian. The natural guardian will be father and then mother.

A Minor can't enter into a contract.  Even if the minor signs any document it will not be legally valid.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The signature of minor is invalid as per law,  because a person of minor cannot enter into a contract hence minor's signature is not accepted. 

However the guardian can accept and sign  the gift deed on behalf of the minor child 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Yes that can be done. As the donee is a minor there has to be a guardian.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No he cannot sign on the deed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, the mother can be the guardian of the minor son and sign on his behalf for the gift deed. The stamp duty paid by the mother will not be regarded as consideration amount.

Furthermore, in a gift deed there is no provision of consideration. It is out of love and affection.

Akshit Aggarwal
Advocate, Delhi
52 Answers

Rights can be relinquished also through relinquishment deed. Gift deed can also be done

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes, doner 2 can be guardian and sign , stamp duty is not consideration

Gaurav Ahuja
Advocate, Faridabad
136 Answers

Minor can not sign on the gift deed. You can get in touch so that we can help you in the execution of the document. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

- Since, this is joint property , it means that you both have equal share in the property 

- Hence being the owner of the 50% share , your husband has his right to transfer his share to his son by way of a gift deed. 

- Further, being the blood related , the stamp duty of registration will be very nominal 

- Further, as a minor has no right to enter into an agreement ,then your son cannot sign on the deed , and this deed will be registered in the name of your son under the guardianship of his mother/natural guardian  i.e. you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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