Can a gift deed be turned down if the donee has not accepted it?
Question asked by Mr B. Kannabiran from USA:
Dear Sir, I am a NRI working abroad for the last four years. I recently purchased a plot of land in Tamil Nadu, India through my Father- in- Law. At the time of purchase I did not know about executing a power of attorney in his favor for the purchase. Hence the plot was purchased in his name which he later transferred in my wife’s name. The transfer to my wife was done as a gift and this deed is duly registered in Tamil Nadu (However, there is no acceptance of the gift by my wife in the gift document). My concern here is that as per the Transfer of Property Act, a gift is complete only when it is accepted by the donee. In this case there is no acceptance of the gift by my wife. I want to know how her acceptance can be legally established by us now.Â
Thank you for sparing your time.Â
Best regards,Â
KannabiranÂ
Vatsala Answers:
A gift deed wherein the donee does not show acceptance is a void document. Hence you are advised to register a ratification deed reciting the previous gift and the omission and rectifying the same (or a new gift deed reciting the previous error) with both your father in law and wife being present at the sub registrar’s office. Vatsala
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