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When the donee has to give his acceptance of the gift?

- by Suraj Bhan, Chickpet

The Transfer of Property Act 1882 stipulates that  acceptance of gift  has to be made during the life time of the donor and when the donor is still capable of giving the gift.  If the donor dies before acceptance of the gift by the donee the gift becomes void.  Similarly, if the donor is dispossessed of the gifted property before acceptance of gift by the donee, the gift becomes void. Likewise, if the donor or donee becomes incompetent to contract before acceptance of the gift by the donee, the gift becomes void.  

Since gift deeds  require compulsory registration, acceptance of the gift by the donee is usually recorded on the gift deed itself.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- We have a house in the heart of Bangalore City.  It has been registered in my husband’s name.  Over the years due to some misunderstandings in the family, he says that he will gift the house to some charitable institution.  We have two children, a boy and girl.  Don’t we have a right to the property?  Can he give away the house just like that?

Q:- My friend owns a site. Originally there were two different sites, one inherited and another purchased by my friend. Later on my friend got a clubbed katha for both the sites. He has recently gifted the entire site to the sister of his wife. My friend has two children who are not happy about this transaction. Please advise whether is transaction is legal.

Q:- Kindly refer your excellent article on All about Gift Deed appeared in Indian Express on 25th Nov.  You have stated in the above article that there is a concession in stamp duty and registration if gift is made to the family members “spouse, sons, daughters, daughters-in-law and grandchildren”. Kindly clarify whether this concession is applicable to “gift of immovable property from brother to sisters and also from sisters to brother”.  I would seek your kind clarification at the earliest.

Q:- I have recently purchased some immovable properties at Banaswadi out of my earnings.  I do not have any children and have adopted a boy who is 17 years old. I want to gift some of my properties to my sister by will but natural parents of my adopted son are objecting to this stating that it is against law.

Q:- I want to gift some self acquired buildings to my daughter. Is there any rebate on the stamp duty payable and registration charges?