1. Acceptance of a gift by the donee does not need to be expressed through an affidavit before a court. While a gift deed is typically registered, and the donee's acceptance is essential for the gift to be valid, it can be expressed through conduct or implied from the circumstances, not necessarily by an affidavit. 

2. You can always file the additional written statement for expressing/averring the facts of this gift deed and also can file a petition to receive the documents to this effect before the defence witness is ordered.

3. For a gift to be valid, three main conditions must be met: a declaration of gift by the donor, acceptance of the gift by the donee, and delivery of possession of the property to the donee.  While an affidavit can be used as evidence of acceptance, it is not the only way to prove it. Supreme Court has recognized that acceptance can be inferred from the donee's conduct, such as taking possession of the property or being in possession of the gift deed.  However nowhere in law it is mandated that an affidavit is to be filed to prove the acceptance.

This is a critical juncture in your partition suit. Proper and timely disclosure is essential to avoid adverse implications. Here's a breakdown of your questions and a recommended strategy:

1. Is an Affidavit of Acceptance (along with mutation and possession) sufficient proof of valid acceptance for both gift deeds?

Yes, generally, an Affidavit of Acceptance, coupled with supporting evidence like mutation records and proof of possession, can serve as sufficient proof of valid acceptance under Section 122 of the Transfer of Property Act, 1882.

Here's why:

• Section 122 TPA: As you rightly noted, Section 122 requires acceptance by the donee during the donor's lifetime.

• Modes of Acceptance: Acceptance can be express (like a formal written acceptance) or implied. Implied acceptance can be demonstrated by acts of the donee that unequivocally show their assent to the gift.

• Strong Evidence:

  • Mutation/Patta: The completion of patta/mutation in your daughter's name for the first gift deed (May 2025) is a very strong indicator of implied acceptance for that specific gift. It shows that the donee (your daughter) took an active step to formalize her ownership.

  • Possession: If your daughter has taken physical possession of the gifted properties (or is exercising rights of ownership, like receiving rents if applicable, paying taxes, etc.), this further strengthens the case for implied acceptance.

  • Affidavit of Acceptance: While implied acceptance through actions is often sufficient, having a formal Affidavit of Acceptance from your daughter (July 2nd week, 2025) explicitly stating her acceptance of both gift deeds (including the second one which was recent) provides clear, express proof. This affidavit should ideally mention the date of execution of each gift deed and the date of acceptance for each.

Recommendation: Your strategy of having your daughter execute an Affidavit of Acceptance and presenting it along with the mutation records and any evidence of possession (e.g., property tax receipts in her name, utility bills, etc.) is a robust approach to proving acceptance.

2. Will the non-disclosure of the first gift deed in my original Written Statement (filed before acceptance) create any legal hurdles?

This is where you need to be careful, but it's likely manageable.

• General Rule: Pleadings (plaint and written statement) should disclose all material facts existing at the time of filing.

• "Acceptance Pending" Argument: Your explanation that acceptance was pending at the time of filing the Written Statement (November 2024) is a plausible defense for non-disclosure at that specific moment. A gift is incomplete until acceptance.

• Subsequent Event: The acceptance of the first gift deed (implied through mutation in May 2025, and express through affidavit in July 2025) and the execution and acceptance of the second gift deed are "subsequent events" that have a material bearing on the suit. Courts generally allow parties to bring such subsequent events to their notice to do complete justice.

• Potential Hurdles:

  • Delay: While you have a valid reason for initial non-disclosure, the court might question why this wasn't brought to their attention earlier, especially after the May 2025 mutation.

  • Prejudice to other parties: The opposing parties might argue that this non-disclosure was an attempt to mislead the court or gain an unfair advantage.

  • Admission/Estoppel (less likely here): If your original Written Statement contained any direct admission that conflicted with the fact of having gifted your share, it could be problematic. However, if it merely omitted the gift due to pending acceptance, this is less of a concern.

Recommendation: You will need to explain this to the court. The best way to do so is through an application for amendment of your Written Statement.

3. Is this disclosure strategy acceptable in law, or is there a better or more justifiable method to place the gift transactions on record at this stage?

Your proposed strategy is generally acceptable, but the method of disclosure is crucial. The most justifiable and legally sound method is to amend your Written Statement.

Here's the recommended strategy:

1. Application for Amendment of Written Statement (Order VI Rule 17 CPC):

   • File an application under Order VI Rule 17 of the Code of Civil Procedure, 1908, seeking permission to amend your Written Statement.

   • Grounds for Amendment: Clearly state that the gift deeds were executed, and at the time of filing the original Written Statement, the acceptance of the first gift deed was pending. Explain that subsequently, the acceptance was completed (mentioning the mutation for the first gift and the formal acceptance for both). Also, disclose the execution and acceptance of the second gift deed as a subsequent event.

   • Purpose: Emphasize that the amendment is necessary to bring on record all material facts and subsequent events to enable the court to effectively adjudicate the real dispute in the partition suit. Argue that it avoids multiplicity of proceedings.

   • Proviso to Order VI Rule 17: The proviso states that no application for amendment shall be allowed after the trial has commenced, unless the court is satisfied that in spite of due diligence, the party could not have raised the matter before the commencement of trial. Since you are still in the issue framing stage (which is generally considered before the commencement of trial in most courts, although interpretations can vary), you are in a good position to seek amendment. Even if the trial is deemed to have commenced for some procedural aspect, your "due diligence" argument (acceptance pending, then subsequent events) would be strong.

2. Affidavit of Acceptance: As discussed, your daughter should execute a comprehensive Affidavit of Acceptance. This should ideally be annexed to your amendment application or submitted separately with a formal application to bring it on record.

3. Produce Documents: Along with the application, produce copies of:

   • Both Gift Deeds.

   • Mutation/Patta documents for the first gift.

   • The Affidavit of Acceptance from your daughter (attested/notarized).

   • Any other documentary proof of possession (e.g., property tax receipts, electricity bills, etc., in your daughter's name for the gifted portion).

Why this method is better:

• Formal Record: Amending the Written Statement formally incorporates these new facts into your pleadings, which is the proper way to bring them before the court.

• Transparency: It demonstrates transparency and your willingness to disclose all material facts to the court.

• Avoids Surprise: It prevents the opposing parties from later alleging that you concealed information. They will have a formal opportunity to respond to your amended pleading.

• Court's Discretion: Courts are generally liberal in allowing amendments to Written Statements, especially when it's to bring subsequent events on record and avoid multiplicity of litigation, provided it doesn't cause undue prejudice to the other side or completely alter the nature of the suit.

Important Considerations:

• Legal Counsel: Crucially, consult with your advocate. They can draft the precise application for amendment, ensure all legal requirements are met, and represent your case effectively in court. They will be able to advise on the specific nuances of your jurisdiction and the current stage of the suit.

• Clarity and Conciseness: When drafting the amendment application, ensure the timeline and reasons for the non-disclosure and subsequent disclosure are presented clearly and concisely.

By proactively seeking to amend your Written Statement and providing comprehensive documentation, you will be in the strongest possible legal position to justify your actions and ensure the court is fully apprised of the current status of the suit properties.

You need to disclose the same if it’s the subject matter of the suit otherwise it will be suppressing true facts form court

It is sufficient proof of acceptance 

2) you have to amend your written statement 

3) non disclosure is not acceptable 

1. Yes

2. No of you now give an explanation for such non disclosure.

3. Amendment of written statement to bring those facts in record is better option. 

1. If your daughter has applied for mutation of her name on basis of the gift deeds then that amounts to acceptance of the gift. Nothing further is required to be done 

2. Yes likely. Amend your WS since when you filed the WS, the 1st gift was already made. So that is a material fact which ought to have been disclosed. 

3. Just amend your WS to bring on record the factum of the two gift deeds 

1. Validity of acceptance through affidavit, possession, and mutation:
Yes, an Affidavit of Acceptance, along with proof of mutation and possession, is generally considered sufficient to establish valid acceptance under Section 122 of the Transfer of Property Act, 1882. Courts recognize that acceptance can be implied from conduct, and steps like getting the patta transferred or taking possession reflect the donee’s intention to accept the gift. Since the acceptance was completed while you, the donor, were still alive, the requirements for a valid gift have been met.

2. Non-disclosure of the first gift deed in the original written statement:
Since your written statement was filed before your daughter had accepted the first gift deed, non-disclosure at that stage is not likely to be viewed as suppression or misrepresentation. A gift is not complete until it is accepted, so there was no concluded transaction to disclose at the time of filing the written statement. However, now that acceptance has taken place, it would be prudent to bring the facts on record to avoid future objections.

3. Disclosure strategy and how to proceed:
It is perfectly acceptable to file an application seeking permission to submit additional documents and facts in the ongoing suit. You can file a supplementary written statement or an affidavit informing the court about the gift deeds, the dates of execution and acceptance, and attach the patta/mutation records. This approach is both transparent and in line with procedural fairness. Courts generally allow updated disclosures if they are made in good faith and do not cause prejudice to other parties.

You can do the same but opponent may object the amendment on ground that you had knowledge of the same prior to filing of suit. The other gift deed can be accommodated as it was executed after filing of WS

In simple terms your reasoning doesn't hold any water 

Regardless of the gift acceptance, the factum of the gift deed having been made ought to be disclosed in the WS

Nevertheless you would be disclosing both the gift deeds by filing the amendment,  so the objection of your opponent will go into oblivion and even otherwise a registered gift deed is in public domain 

You have to amend  the written statement and disclose execution of gift deeds 

explain reasons for non disclosure earlier 

It is not mandatory for the donee to execute a separate affidavit to acknowledge acceptance of a gift deed for immovable property. While the donee's acceptance is crucial for the gift to be valid, this acceptance is typically demonstrated through their signature on the gift deed itself, along with the donor's signature and attestation by witnesses. 

You can file a petition under Order VIII Rule 9 of the Code of Civil Procedure to file additional written statement , because no pleading subsequent to the written statement can be presented without the court's leave. The court has the discretion to allow or disallow such pleadings and can impose terms for allowing them. 

1. Affidavit of Acceptance + Patta/possession is sufficient proof of valid acceptance of both gift deeds under Section 122 of the Transfer of Property Act, as acceptance can be proved by subsequent acts like mutation and taking possession.

2. No major legal hurdle arises from not disclosing the first gift deed in your original Written Statement since the donee’s acceptance was pending at that time. Disclosure can be updated once acceptance is complete.

3. Best practice: File an Additional Written Statement or Affidavit (Order 8 Rule 9 CPC) to place complete facts, both gift deeds, and acceptance evidence on record. An affidavit from your daughter explaining the timeline and reason for delayed acceptance (e.g., waiting for patta/mutation) will effectively address any potential objection and avoid adverse inference. This is a standard and legally sound approach.

This is a complex legal situation, and while I can provide general legal principles, it is crucial that you consult with your advocate for specific advice tailored to the facts of your case and the procedural rules of the court where your suit is pending.

Here's a breakdown of the legal appropriateness of your proposed approach:

1. Amendment of Written Statement (Order VI Rule 17 CPC):

• Legally Appropriate: Yes, amending your written statement to include new facts like the execution of gift deeds is generally permissible under Order VI Rule 17 of the Code of Civil Procedure (CPC). The rule allows for amendments at any stage of the proceedings if it is necessary for determining the real questions in controversy between the parties.

• Purpose: The purpose of this amendment would be to bring all relevant facts before the court and ensure a complete adjudication of the dispute. By stating that you no longer have a right or share due to the gift deeds, you are clarifying your position regarding the suit properties.

• Proviso to Order VI Rule 17: The proviso states that no amendment shall be allowed after the trial has commenced unless the court concludes that, despite due diligence, the party could not have raised the matter before the commencement of trial.

  • Your Situation: Since the matter is at the "issues framing stage," the trial has likely not commenced. This makes it easier to get the amendment allowed. Even if the trial is deemed to have commenced, your explanation regarding the first gift deed (delayed acceptance, pending mutation) could be argued as "due diligence" for its earlier non-disclosure.

• Key Considerations for Amendment:

  • Necessity: The court will consider whether the amendment is necessary to determine the real controversy. Clearly, the transfer of your share through gift deeds is a material fact.

  • Prejudice to the other party: The court will assess if the amendment causes undue prejudice to the other side. As long as they are given an opportunity to respond to the amended pleading, it is unlikely to be considered prejudicial.

  • Nature of the suit: The amendment should not change the fundamental nature of the suit or introduce a totally new and inconsistent cause of action (though inconsistent pleas in a written statement can sometimes be allowed for defendants). Your proposed amendment seems to clarify your existing stand.

2. Affidavit of Acceptance by the Donee and Delayed Acceptance:

• Legal Validity of Acceptance for Gift Deeds: Under Section 122 of the Transfer of Property Act, 1882, a gift must be accepted by or on behalf of the donee. Acceptance can be express or implied.

• Delayed Acceptance: There is no strict timeline prescribed for acceptance. However, acceptance must occur during the lifetime of the donor and while he is still capable of giving.

  • Your Reasoning: Relying on delayed acceptance due to "pending patta mutation process" is a plausible explanation. Patta mutation is a formal step of recording the transfer in revenue records, and it often follows the actual transfer of ownership. It is not necessarily a prerequisite for acceptance of the gift itself, but it can certainly be an indicator of formal steps being taken in furtherance of the gift, and thus explain the delay in formally acknowledging or relying on the gift.

  • Affidavit of Acceptance: Submitting an Affidavit of Acceptance by the Donee, explaining the reasons for delayed acceptance (e.g., awaiting completion of formal processes like patta mutation before taking active steps to assert rights, or simply the time taken to understand and formalize acceptance) would be a good piece of evidence to support your claim. This affidavit would be a direct statement from the donee confirming their acceptance.

• Protecting against Adverse Inference for Earlier Non-disclosure:

  • "Suppression of Material Facts": Courts view suppression of material facts seriously. However, in your case, you have an explanation for the non-disclosure of the first gift deed. Your argument would be that while the deed was executed, the donee's formal acceptance and consequential steps like patta mutation were still in progress, meaning the transfer hadn't been fully "acted upon" or formalized in a way that necessitated immediate disclosure in the original written statement.

  • Bona Fide Explanation: The key is to demonstrate that the non-disclosure was not an attempt to mislead the court or conceal crucial information, but rather due to the evolving nature of the transaction and the donee's delayed formal acceptance. The fact that you are now proactively bringing both deeds to the court's attention at the issues framing stage, before evidence is led, strengthens your position that you are acting in good faith.

  • Clarity in Amendment: Your amended written statement should clearly and succinctly explain:

    • The execution of the first gift deed.

    • The reason for its non-disclosure in the original written statement (e.g., that at that time, the donee had not yet formally accepted it and steps like patta mutation were pending).

    • The fact of acceptance, now formalized (supported by the affidavit).

    • The execution of the second gift deed.

    • The cumulative effect of both deeds in transferring your 1/4th share.

In summary, your proposed strategy is generally sound:

1. File an application under Order VI Rule 17 CPC for amendment of the written statement.

2. Clearly state all facts regarding both gift deeds, including their dates of execution and registration.

3. Explain the reason for the non-disclosure of the first gift deed in the original written statement, relying on the concept of delayed acceptance and pending formal processes like patta mutation.

4. Annex the Affidavit of Acceptance by the Donee for the first gift deed, explicitly stating the date of acceptance and the reasons for any delay.

5. Clearly state that you no longer have any right or share in the suit properties as a result of these transfers.

Important Considerations and Potential Objections:

• Timing of Acceptance: While there's no strict timeline, acceptance must be during the lifetime of the donor. Ensure this condition is met for the first gift deed.

• Proof of Acceptance: The affidavit is strong evidence, but be prepared for cross-examination on the reasons for delay and the circumstances of acceptance.

• Nature of "Acceptance": Acceptance of a gift doesn't always require physical possession or mutation. It can be inferred from conduct. Your explanation should align with how acceptance is legally interpreted.

• Court's Discretion: Granting an amendment is always at the discretion of the court. However, courts are generally liberal in allowing amendments necessary for a proper adjudication of the dispute, especially at the pre-trial stage.

• Costs: The court may impose costs for allowing a belated amendment.

• Opposing Counsel's Arguments: The opposing counsel might argue suppression of facts or that the acceptance was not valid or timely. Your detailed explanation and the affidavit will be crucial to counter these arguments.

Yes, an Affidavit of Acceptance by the donee, supported by documentary evidence such as the mutation (patta) in the donee’s name and proof of possession, is generally considered sufficient proof of valid acceptance under Section 122 of the Transfer of Property Act. Since your daughter has formally accepted both gifts and mutation for the first gift deed is complete, this combination will strongly evidence valid acceptance.

While prompt and full disclosure is ideal, non-disclosure of the first gift deed in the original written statement is not likely to cause a fatal legal hurdle given that acceptance was pending at the time of filing. Courts understand that acceptance is a condition precedent for a valid gift under Section 122, and acceptance can be delayed, especially for administrative reasons like mutation. Your decision to now amend the written statement to disclose both gift deeds and acceptance is the proper corrective step and will mitigate objections. You should be prepared, however, for the opposing parties to raise this point, so your explanation for delayed acceptance and mutation will be crucial.

Your strategy to amend the written statement to properly disclose both gift deeds supported by the Affidavit of Acceptance and mutation documents is legally sound and justifiable, especially since the matter is at the issue framing stage. Transparency and frankness generally receive judicial favor. You may also formally seek the court’s permission to amend your pleadings (under Order 6 Rule 17 CPC) to avoid procedural objections. Additionally, attaching all relevant documents (gift deeds, mutation certificates, affidavits) along with the amended statement will help present a complete and convincing picture to the court.

File the amended written statement well in advance of the next hearing to avoid last-minute objections. Explain the reasons for delayed acceptance clearly in an affidavit or the amendment itself, emphasizing the completion of mutation and possession as acts of acceptance. Be prepared to counter any adverse inference with evidence of good faith and timely subsequent acceptance. If the opposing side contests the validity of the gift or acceptance, be ready to furnish further evidence such as possession proofs, payment of stamp duty, and corroborating affidavits.

In summary, your current approach is appropriate and should safeguard your legal position. The earlier non-disclosure will not be a fatal flaw if you now proceed with full disclosure and supporting evidence. Courts generally appreciate candor and correction of record at the earliest opportunity.

If you require assistance in drafting the amended written statement, Affidavit of Acceptance, or related documents, or need representation at the next hearing to address any objections, please feel free to contact me for professional support and detailed guidance.

Yes, submitting an Affidavit of Acceptance by the Donee citing delayed acceptance due to pending patta mutation is legally appropriate and can help justify the earlier non-disclosure. It strengthens your case for amendment and helps avoid adverse inference.