You cannot execute gift deed in favour of un born child 

- As per the transfer of Property Act, the transfer of property to the beneficiary is mandatory for executing a gift deed

- Hence, you cannot execute a gift deed in favour of unborn child.

-  However, it can be possible after appointing a Trustee for the benefit of unborn child.

No property can be transferred to a child in the womb, it is only after birth any property can be transferred to child. You need to till his birth for successful gift.

A gift deed can be made by you attested by 2 witnesses. The child's guardian may take possession. The gift deed has to be registered.

Hello,

1. An unborn child/ a fetus is not a person legally and hence you cannot get a Gift Deed registered in favour of the unborn child. And therefore your option is to get the Gift Deed registered in the name of the mother.
2. In the Gift Deed, you can place certain conditions to the effect that the Gift is being made in favour and for the benefit of the child and needs to be transferred in its name when it turns a major.

1. Gift deed is a deed which hll have to be signed by the recipient of the gift as a token of having received the same.

2. Moreover the said gift deed shall have to be registered when voth the parties shall have to sign vefore the Registrar.

3. The Donee/Recipient of the gift is not existent as of now.

4. So the said gift deed can not be registered by you now in favour of your unborn chils.

You can make gift deed and guardian to child mother.

Dear Querist

You may register the Gift Deed in favour of that unborn child but the prior interest should also be created hence you may be registered a condition gift deed in favour of the child and the prior interest will be the mother of the child.

The provisions of Transfer of Property Act, 1882 in general do not allow the transfer of property directly to an unborn person

Section 5 of the Transfer of Property Act, 1882 defines the phrase “transfer of property”.

The section provides that “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more than one living persons; and “to transfer property” is to perform such act.

Thus, bare reading of the above mentioned section helps us understand that the conveyance of the property must be from one living person to another living person.

However an exception to this section is section 13 which facilitates the transfer of immovable property in favour of an unborn person.

in order to transfer a property for the benefit of an unborn person on the date of the transfer, it is imperative that the property must first be transferred by the mechanism of trusts in favour of some person living other than the unborn person on the date of transfer.

In simpler terms, it can be said that the immovable property must vest in some living person between the date of the transfer and the coming into existence of the unborn person as the property cannot be transferred directly in favour of an unborn person.

In other words it can be said that the interest of the unborn person must in all cases be preceded by a prior interest.

Moreover,when an interest is created in favour of an unborn person, such interest shall take effect only if it extends to the whole of the remaining interest of the person transferring the property in the property, thereby making it impossible to confer an estate for life on an unborn person.

There is no restriction to gift your self acquired property to your illegitimate child. 

Dear Sir/Ma'am, 

1. As per the Transfer of Property Act, a gift deed cannot be executed on behalf of an unborn person.

2. As per section 13 of the Transfer of Property Act the property must first be transferred by the mechanism of trusts in favor of some person living other than the Unborn person on the date of transfer. 

Thank You 

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-    You can do gift deed only to a person exist in this world.
A unborn child still dont exists as per law.

-    If the women is asking this as compensation then you can appoint her as trustee.

Dear Sir,

- You can get the will registered and notarized at the Embassy of India.

- Simultaneously get it registered in India with notarized document for its validity in India.

Regards

Vivek Arya

Hi 

You can execute a registered Gift Deed only to living persons as it is mandatory that both Donor and Donee have to execute the Gift Deed.

Unborn Child/Baby in the Womb are not living persons and hence you will need to wait till the baby is born.

1. According to Hindu law, a gift made in favor of an unborn was void. However, since transfer of property act is applicable on Hindus, the transfer in favor of an unborn person is valid if it is made subject to the provision of Section 13 of the Transfer of Property Act.

2. Under Section 13 property cannot be transferred directly to an unborn person but property can be transferred for the benefit of an unborn person. Sec 13 provides that property can be transferred for the benefit of an unborn person subject to following conditions:

a. Transfer for the unborn must be preceded by a life interest in favor of a person existing at the date of transfer.

b. Only absolute interest may be transferred in favor of an unborn person.