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Hence the signature of the donee is compulsory for registration of gift deed. donor and donee need to sign in presence of two witness in sub registrar office. Any person can gift to any person and for it signature of donee is not necessary but donees acceptance within the lifetime of the donor is mandatory.
Acceptance The final requirement for a valid gift is acceptance, which means that the donee unconditionally agrees to take the gift. It is necessary for the donee to agree at the same time the delivery is made. The gift can, however, be revoked at any time prior to acceptance.
The three elements which are essential to the making of a valid gift are delivery, donative intent, and acceptance by the donee. The delivery of a gift is complete when it is made directly to the donee. Delivery can also be made to a third party on behalf of the donee.
Irrespective of the value of the property, the gift deed needs to be registered. The document should be attested by two witnesses who have seen the donor signing the document. It is the donor who needs to get it registered and should be attested by two witnesses.
Acceptance of a gift by the donee can be done anytime during the lifetime of the donor. . Section 123 provides that for a gift of immovable property to be valid, the transfer must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses."
According to The Transfer of Property Act, 1882, acceptance of gift must be made by the donee during the lifetime of the donor and while the donor is still capable of giving the gift. If the donee dies before accepting the gift, then it is void.
Acceptance The final requirement for a valid gift is acceptance, which means that the donee unconditionally agrees to take the gift. It is necessary for the donee to agree at the same time the delivery is made. The gift can, however, be revoked at any time prior to acceptance.
A gift to be valid must be made by a person voluntarily and not under compulsion without any exchange of money. 2....What can be gifted?It must be well defined existing movable or immovable property.It must be transferable.It should exist today and should not be a future property.It should be tangible.