Property Gift Deed by Father Property Gift Deed by Father

10 months ago

Property Gift Deed by Father, the Donor, to his only son, Donee, was signed and notarised. Son was already living in the property for over three years after which the donee son passed away. Now what happens to this Gift Deed?

Anik

Responded 10 months ago

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A.Dear Client,

When the gift deed is recorded with the competent Registrar or Sub-Registrar, the gift of immovable property becomes effective. When the donor wants to give the donee immovable property, the gift deed must be registered. To be considered a legitimate gift, the donee must accept it during the donor's lifetime. If the Deed of Gift contains a provision for the inheritance or succession of the property following the Donee's death, then it will automatically pass to their share. If not, then each of his legal hairs may receive an equal part. His lawful heirs are eligible to inherit the son's part of the property after his death.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

The gift of immovable property will be effective when the gift deed is registered with the appropriate Registrar or Sub-Registrar. Registration of the gift deed is mandatory when the donor wishes to gift immovable property to the donee. The donee should accept the gift within the lifetime of the donor for the gift to be legally valid. If there is a clause in the Deed of Gift with regard to the inheritance/or succession of the property after the death of the Donee then it will automatically fall to their share. If there is not, then his legal hairs can get an equal share. After the death of son, his legal hairs can claim the share in that property. It won't go back to the donor father untill unless there is a clause in the gift deed.
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Vidhi Samaadhaan Vidhi Samaadhaan

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