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Can registered gift deed given by mother with love and affection to a daughter since two years be claimed by other siblings in Bangalore

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0 2024-07-08T23:32:38+00:00

Wondering, whether does gift deed need noc from siblings? In the context of a gift deed, the requirement for a No-Objection Certificate (NOC) from siblings depends on the specific circumstances and the property involved. Here are some considerations:

  1. Voluntary Gift: If the gift is voluntary and without any disputes or objections from siblings, an NOC may not be necessary. However, it’s advisable to maintain transparency and goodwill among family members.

  2. Joint Ownership: If the property is jointly owned by siblings, their consent is crucial. In such cases, obtaining NOCs ensures that all co-owners are aware of and agree to the gift.

  3. Legal Heirs: If the property belonged to parents or ancestors and multiple siblings are legal heirs, an NOC from all siblings helps establish a clear transfer of ownership.

  4. Avoid Future Disputes: Even if not legally required, obtaining NOCs can prevent future disputes or challenges to the gift deed.

Let’s delve into the nuances of a registered gift deed and its implications:

  1. Gift Deed:

  • A gift deed is a legal document used to transfer ownership of property from one party (the donor) to another (the donee) without any monetary exchange.

  • Once executed and registered, a gift deed becomes irrevocable.

  • The recipient (donee) must accept the gift during the donor’s lifetime.

  • It provides immediate transfer of ownership.

  1. Challenges and Contests:

  • Generally, a registered gift deed cannot be contested by the grantor (donor) or their family.

  • However, legal challenges can arise if the gift deed was signed under coercion, fraud, or misrepresentation.

  • Other siblings may not have a claim unless there are specific grounds for contesting it.

  1. Sibling Claims:

  • If the gift deed was executed genuinely out of love and affection, it is less likely to be successfully challenged.

  • To safeguard against disputes, ensure proper documentation, including acceptance by the donee and witnesses.

I hope this helps!

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Read More:

How to do property transfer through Gift Deed?

1 2021-12-17T05:15:33+00:00

Hey there, my uncle is a lawyer. I asked him a question about gifted property and the grounds on which gifted property can be challenged. Let me share all the information he has told me regarding the issue.

  Can gift deed be challenged after 3 years ?

According to the law, the time limit for filing a suit to challenge a registered gift deed is three years. After three years of the date of registration, the registered gift deed can not be challenged. 

  Can a registered gift deed be revoked?

A registered gift deed can be revoked and be considered legally null and void if the deed was signed under any pretense, fraud, coercion.

Registered gift deed given by a mother with love and affection to a daughter can be challenged by other siblings. I would suggest you consult with a lawyer regarding the issue. The lawyer will be able to help you out. 

  If you want help with conducting due diligence of your property, Check out NoBroker Due Diligence Pack.  

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