Father in law want to execute gift deed in favour of daughter in law

987 votes

Yes a Father-in-Law can execute a gift deed in favour of his Daughter-in-Law. In fact, any person can gift both movables and immovables to any person out of love and affection, gratitude etc... One cardinal principle of a Gift is that there must not be any exchange of money between the Donor and the Donee.

Assuming that your question relates to a Father-in-Law wanting to gift immovable property to his Daughter-in-Law, following points must be taken into consideration:

1. The Father-in-Law is gifting his self acquired property, in the event he wants to gift his ancestral or Joint Family Assets, he can only gift the share that he is entitled to.

2. A Gift attracts a stamp duty (in Karnataka) equivalent to that paid for a sale deed if it is not executed between class-1 Heirs, i.e. between Father/Mother, Husband/Wife, Brother/Sister, Son/Daughter, Grandson/Grand Daughter, when the Stamp Duty . In this case, as the Daughter-in-Law does not fall within the exception, the Stamp Duty will be charged on the market value of the property same as it is charged for any conveyance.

Advocate Vijay Belavadi LawRato

433 votes

1. Can Father-in-Law Gift to Daughter-in-Law?:
   • Yes, it is legally possible for a father-in-law to gift property or assets to his daughter-in-law through a gift deed.
2. Gift Deed to Daughter-in-Law:
   • A gift deed is a legal document that transfers ownership of property or assets from one person (the donor) to another (the recipient) without any monetary exchange. It signifies a voluntary and unconditional transfer of ownership.
3. Gift of Property or Money:
   • A father-in-law can gift property, money, or other assets to his daughter-in-law through a gift deed, provided both parties agree to the transaction.
4. Legal Requirements:
   • The gift deed should be executed in compliance with the applicable laws and legal requirements of the jurisdiction where the property is located.
   • It should be properly drafted, signed, and registered, if necessary, to ensure its legal validity.
5. Consulting Legal Professionals:
   • It is advisable for both the father-in-law and daughter-in-law to consult legal professionals, such as lawyers or notaries, to ensure that the gift deed is drafted and executed correctly.
6. Mutual Consent:
   • The gift should be given and received with mutual consent and without any coercion or undue influence.
7. Documentation:
   • Proper documentation, including the gift deed and any supporting documents, should be maintained for legal records.
8. Legal Formalities:
   • Ensure that all legal formalities, including the payment of stamp duty and registration (if required), are completed to make the gift deed legally enforceable.

In summary, a father-in-law can indeed gift property, money, or assets to his daughter-in-law through a gift deed, but it is essential to follow all legal requirements and consult legal professionals to ensure a smooth and legally valid transaction.

Advocate Chikirsha Mohanty LawRato

265 votes

A gift is only valid if the donor has exclusive rights over the property. The gift is invalid because your father does not have exclusive rights over the entire property gifted. Your father could have given the whole ancestral property to your daughter-in law with your consent if he wanted to.

Advocate Chikirsha Mohanty LawRato