Legal Question in Real Estate Law in India

Re: gifte deed

May not be valid.

Re: gifte deed

Traditionally to be valid and enforceable, a deed must fulfill several requirements:

* It must state on its face it is a deed, using wording like "This Deed..." or "executed as a deed".

* It must indicate that the instrument itself conveys some privilege or thing to someone. This is indicated by using the word hereby or the phrase by these presents in the clause indicating the gift.

* The grantor must have the legal ability to grant the thing or privilege.

* The grantee must have the legal capacity to receive it.

* It must be executed by the grantor in presence of the prescribed number of attesting witnesses; this is known as being in solemn form.

* A seal must be affixed to it. Originally, signatures were optional, but most jurisdictions made seals outdated, and now the grantor and witnesses signatures are primary.

* It must be delivered to (delivery) and accepted by the grantee (acceptance).

* It should be properly acknowledged before a competent officer, most often a notary public

Re: gifte deed

The deed may require two witnesses.