Your father can execute deed of family settlement infavour of 6 sons
2) it should be duly stamped and registered
3) father can execute separate gift deed for x acres of land in your favour
Our father has 10 acres of agricultural land we are 6 sons and 3 daughters. all daughters married before 2001 and they have land as much as we have. our father wanted to make gift deed to 6 sons. because there is no consensus among 6 sons since 25 years. can the father make gift deed in single deed or separate deed required for each. because some may reject some may accept. father wanted to make equal share among six sons. i am one of them and dont want trap with them and wanted separate gift deed. can i get seperate gift deed or combined with 6 others? property is self occupied property
Your father can execute deed of family settlement infavour of 6 sons
2) it should be duly stamped and registered
3) father can execute separate gift deed for x acres of land in your favour
Dear Client,
For one land, single GIFT or settlement deed is valid in which portion of land shall be gifted acc. to father wish.
Separate deed is also permissible.
1. He can execute a single gift deed wherein he can gift the land to all his 6 sons. Separate gift deeds are not required. Furthermore, if the land is a single undivided unit then only one gift deed should be made, else the gift deeds may run into troubled waters.
2. The gift deed requires mandatory registration.
It will be good if he make multiple deeds. Because gift can take place only if all the donees accepts the gift. So if singke deed made and someone denies then new gift deed excluding him needs to be made.
1. Assuming that it is the self acquired property of your father, it's left to his sweet will and wish to dispose or retain the property or to gift the property to anyone, including his. children.
2. It's upto your father to execute a single Gift Deed for all the beneficiaries or multiple deeds selecting individual beneficiary.
3. Since you have narrated that by doing a combined Gift Deed, some beneficiaries may accept and some may reject, it's suggested to execute separate individual Gift Deed for each beneficiary.
1. If the donees are different then separate deed of gift requires to be executed and registered by the donor.
2. Another option for the father is to make a deed of settlement n favour of all sons .
3. The deed of gift or deed of settlement is possible when the land is self acquired property of father if the same is ancestral then the is liable for equal division among his daughters as well along with his sons,
1. separate gift deeds should be made
2. if there is one single gift deed, then how will donee get title?
3. the gift deed is a title document of the donee
4. if there are 6 gifts to 6 donees, then who will keep original gift deed? again there will be dispute
5. so go for separate individual gift deeds
6. for those sons who are not agreeable, father can make a Will in their favour
7. for those sons who are willing to accept the gift, gift deeds can be made in their favour
1. Father may execute a Registered Gift Deed of his 10 Acres Land, to his Six sons.
2. BUT how would Father know as to which specific portion (of 10 acres) would belong to which Son and What would define each sons Land contours /location, in the Gift Deed.
3. The 10 acres is now an undivided property, hence CANNOT be Gifted, unless you create a Survey document and specify the Six portion's contours /location on the survey record.
4. AFTER above, legally better to execute separate Gift Deed for each of the Six marked portions in each of the sons names, which will have clear & marketable Title, OTHERWISE the Six sons may create a dispute amongst themselves and not cooperate for the other brother to sell his land.
Keep Smiling .... Hemant Agarwal
He has to make separate gift deeds .
You are free to get a share in this land through a separate gift deed.
Dear Sir
Two Options
1. Single gift Deed - The revenue documents may be executed as per your share and it will come seperately
2. Separate gift Deed -To separately to each one of you.
Feel free to reach us for any assistance
There is no legal infirmity by executing a single registered gift deed with six schedules of property mentioned in it separately to each individual.
However since you anticipate problems from your siblings in this regard, you may go for individual registered gift deeds to each one accordingly.
But in each gift deed a preface can be added stating that similar gift deeds have been executed to rest of the wards separately simultaneously, which will clear the future ambiguity in this regard.
Dear Sir,
If it is the case ask your mother to register 6 different gift deeds or at least gift deed for you separately to avoid future complications. Since it is a self acquired property of your father as such no complications will arise after his death.
=========================================================================================
Gift Deed – once registred no cancellation
A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.
If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.
This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.
It can be a cost effective method of transferring the ownership.