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Can the donor take back the gift deed in case of death of donee
06-Jul-2023 (In Property Law)
If the daughter(donor) give the property as a gift deed to her father(donee),in case the expiry of donee,who will have the right on that property?, his daughter (donee) or all his sons and daughters if the father didnt write any will in favour of his sons or daughter's?
There are a few essential things to be satisfied for a gift to be valid. The gift should be made without consideration. It should be voluntarily given by the donor. It should be accepted by the donee during his lifetime. If all these conditions are satisfied, it will be a valid gift. Upon his death, the property would devolve to his heirs. If you are a hindu, it is to be equally divided among the children.
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Adv. Shabaaz Husain
Bangalore | 25+ Answers
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What is the Supreme court Judgement on gift deeds?
This essential has been defined better by the Supreme Courts judgment on Gift Deeds. In the case Munni Mahto v. Chandeshwar Mahto, the court decided that the gifting of a part of the joint family which was the donors portion under the preliminary partition order must be accepted.
What is the validity 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 happens to gift deed if donee dies?
The gift becomes void if the recipient dies before accepting it.
Can a property be gifted after death?
The gift deed must be registered during the donors lifetime. If the donor passes away before it is accepted, the gift will become null. However, a will is only executed after the testators death. 01-Aug-2023
The gift will be to specified person/persons.. If there is clause with regard to the inheritance/or succession of the property after the death of the Donee then it will automatically fallen to their share.
If there is not, then his legal hairs can get equal share. Means, one the gift was done, then the donee will become the absolute owner of the said property it is equivalent to the self acquired property . In the meanwhile the daughter will loose her rights over the property.
After death of son, his legal hairs can claim the share in that property. It wont go back to the daughter untill unless there is clause in the gift deed.
If there is not, then his legal hairs can get equal share. Means, one the gift was done, then the donee will become the absolute owner of the said property it is equivalent to the self acquired property . In the meanwhile the daughter will loose her rights over the property.
After death of son, his legal hairs can claim the share in that property. It wont go back to the daughter untill unless there is clause in the gift deed.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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For instance, if the property was gifted so that the recipient can reside in it, upon death of the recipient, the property will get transferred back to the donor if she is alive, else to the heirs of the recipient. Such details, however, need to be specifically mentioned in the gift deed.
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Adv. Vedashree A
Bangalore | 500+ Answers
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According to Section 126 of the Transfer of Property Act, a gift may only be revoked by both Donors and Donees. The gift is void because the Donee has died. It will pass to the legal heirs.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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