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Property received in gift. In how much time can we sell it?


26-Jun-2023 (In Property Law)

If we receive a property by gift, in how much time can we sell it? Also can i sell it to my husband? The property belongs to my brother. He was given this property by father by a proper sale deed which is in his name. Can his wife or children creating an issue at a later stage?

Answers (3)

Answer #1
74 votes

If the gift deed is registered by sub registrar and requisite stamp duty is paid then it is very difficult to challenge the gift deed. 

Further, when you get the gift deed you are the title owner and you can sell the property to any one by way of sale deed.

Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 200+ Answers
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People also ask

What is the validity period of gift deed?

The Gift Deed is valid for life when the donor transfers an immovable or mobile property. Only in the special circumstances listed in this article can it be terminated. Gift Deeds are valid even if a donor dies immediately after gifting a property.

What is the time limit for gift deed execution?

Do I have a time limit to contest a gift deed? Gift deeds can be challenged for up to 3 years after the date of execution, or the date the donee learns about it.

What is the cancellation period of gift deed?

Article 59, Limitation Act of 1963, states that a person seeking to cancel the Gift Deed (the plaintiff) will have three years to act from the date he or her learns the facts which entitle him or her to do so.

Can property received by gift deed be sold?

Yes, the property that is the subject of a gift deed can be sold. However, it must be registered according to the laws and without any conditions. The gift deed should be registered in the name of the recipient because it has the same value as a sale.

  
Answer #2
753 votes
Yes you can sell the property as you like, subject to the gift being a registered gift in accordance with law.
Also your brother's children can only create an issue if it is a HUF or coparcenary property which does not seem to be the case since your brother bought it from your father by a registered sale deed.
Kindly contact for detailed consultation.
Advocate Vanshdeep Dalmia

Adv. Vanshdeep Dalmia

LawRato Delhi | 100+ Answers
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Answer #3
371 votes
A property that has been received as a gift by virtue of a valid deed may be sold right away. Before that property can be sold, it must first be registered at the Registrar Office. Transfer of Property Act states that ownership can only be absolute after registration.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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