Can you please throw light on the essential’s conditions of the Gift Deed? 

A valid Gift Deed entails the followings conditions: – 

  1. Gift must be accepted during the lifetime of the donor.
  2. Gift must be for the existing property; Gift in regard to future property is void.
  3. Gift to two or more donees that one does not accept shall become void.
  4. Gift has to be accepted with burdens or obligations imposed if any.
  5. If the Gift consisting of the donor’s whole property, the donee is personally liable to pay all debts due by the donor at the time of acceptance.

My father is medically fit and of sound mind. Can he gift his property by way of a Gift Deed? Can his minor niece accept it?

A person with a sound mind can be a donor and who is competent to enter into any agreement. Minors cannot be a donor.

A minor is not considered capable of entering into a contract. Any person who receives the Gift or transfer made to him is a donee. A minor can be a donee; nonetheless, the Gift would have to be accepted by the guardian of the minor donee on behalf of him or her.

Is the property transferred through a Gift Deed challengeable?

A gift deed is a legal document that represents a transfer of a gift from one person to another. It is a valid document obtained after registering the transfer of a property to the beneficiary (donee). It is valid only if it is given out of love and affection, without any consideration.

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