is it a valid gift deed?

father signed on the family settlement paper, in which written by another handwriting person:note- That Suraj sigh(father-age: 75yrs) gives 100yrd(self earned) to Late son rohan(48yrs govt civil engg in u.p) &another 50yrds(owner stepmother self earned,first has died)property give to another 2-son " in that family settlement has 4 or 5 times have cutting &added some thing in between. my father has signed only one palace(No signed on any stump& thumb ) at the end of letter& another12person also. i want to know that is vaild or not ? my father not want this. father gift deed to 2ndson

Answers (2)

309 votes

If this deed is presented in court in the partition suit then it would certainly be declared invalid because as you mentioned there is no signature or thumb impression near the corrections. Secondly, is the family settlement registered? Is it on stamp paper and proper stamp duty is paid as per the value of the property? Has it been signed by all the family members? Has it been signed by two witnesses? If all this is not done then you have nothing to worry because such a document will not stand in a court of law.

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95 votes

The gift deed to be a valid one, needs to be registered. It is unclear whether the gift deed as stated above was a registered one. You can definitely challenge the validity of the gift deed, based upon its bonafides and executability. You would have to prove fraud in order to vitiate this deed. In case your father does not want this deed to go ahead now, he may as well revoke this and then you can get a new deed executed as per his wishes.

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