Legal Question in Civil Litigation in India

Re: gift deed with out owners notice

Any DEED has to be Registered, without Registration any transaction above 100 Rs. will not be valid, so if nothing is registered then it will not be valid.

consult a lawyer with all the original papers and whose name does the property stands has to be checked, this can be done in sub-registrar's office

regards.

Balasubramanya.B

Advocate.

Re: gift deed with out owners notice

Mr. Balasubramanya

It will not be possible to advice unless you give further details, like what is the nature of gift, if the gift is an immovable property, then who was the owner of the property, where is the property situated i.e India or another country etc.

The law is that no person other than the rightful owner of the property can gift or otherwise dispose off the property without the valid consent of the rightfull owner. If the owner was cheated, he should file a complaint for that to the local police station and also make sure that those documents are cancelled and informed through local newspaper. He can further seek declaration in a civil suit.

Re: gift deed with out owners notice

Answer:

Under the Transfer of Property Act and the case law on the point, when a Gift is made it must satisfactorily appear that the donor knew what she was doing and understood the contents of the instrument and its effect and that no pressure or undue influence had been exercised upon her by the party in whose favour the gift was made. Gift is a voluntary transfer; Voluntary means out of free will; if the gift is not out of free will of the donor, the document is sham, and liable to be avoided. And therefore the cancellation done by your friend�s mom is correct in law.

The former part of your question deserves only a generalised answer- that to effect a transfer of property normally one should have his original documents of title with him which should be handed over to the transferee, subject to exceptions�.