• Witness to a gift deed

My Grandfather is gifting(gift deed) is self acquired property to me (his grandson)...my question is can my father be the witness for the gift deed...is it legally valid for my father to be as a witness for the gift deed between my grandfather and me?
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

1. Any adult person with sane mind can sign as witness to any deed. 

2. The radiation of the witness to the parties of the deed has no significant ce in the eye of law.

3. Therefore if your father sign as one of the two witness then the proposed gift deed would not suffer from any legal infirmity. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, as per law witness main motive is to see the signature in front of him by both the parties. He has no rights to check the documents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Its better you keep an independent 2 witnesses for the same. but they are not present then any witnesses will do.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Section 123 of Transfer of Property Act 1882 says  For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. Executant can sign in the presence of one of the two witnesses and mark in the presence of the other ,so that the other witness is aware of the signature of the executant.It is essential that the witness should have put his signature animo attestandi, that is, for the purpose of attesting that he has seen the executant sign or has received from him a personal acknowledgement of his signature. 

Your father can put the signature as witness in the gift deed.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

yes that can be done there is absolutely no legal hurdle in that.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There's nothing wrong in your father becoming an attesting witness to the registered gift deed executed by your grandfather in your favor. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Yes your father can be legally witness to the gift deed between you and your grandmother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no bar to your father being witness to gift deed 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Yes, your father can be a witness. 

Any person of sound mind, and above the age of 18 can be a witness. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Yes your father can be the witness 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

any least two witnesses should attest in the gift deed . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- Since, the said property is self acquired property of your grandfather , then he is having his right to gift you without the interfere of any other legal heirs like your father etc. 

- Yes, he can be one of the witnesses in the said gift deed.

- Further , as per the Section 17 of the Registration Act, the registration of a Gift deed is mandatory . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Yes your father can be witness in the gift deed and it is legally valid. 

2. Any person with sound mind above age of 18 years can be witness in a gift deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Any person can be witness to gift deed.

.is it legally valid for my father to be as a witness for the gift deed between my grandfather and me? - YES. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir/Madam,

It is suggested that  you father can become the witness and there is no issue in that. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer