Important Role Played By a Gift Law Attorney in Case of Immovable Property
Written by Chiranjit Roy
There are many instances where the owner of an immovable property decides to gift the same to some close one. This close one can be either within the family or out of family, or some loved one who has no relation to the family. It is solely upon the property owner as to who should be getting the gift. In such cases the person who decides to gift the immovable property is known as the doner, and the person whom he chooses to gift the property is known as the donee. Before the property is transferred; it is wise to make sure that there are valid documents supporting the entire process of this gifting as it not like any other casual gift. This is not like a casual gift or gift in the literal term where just a gift card and a pretty packaging is enough.
These gifting involves properties or assets that are considerably valuable and hence it can give rise to disputes. Close family members or next of kin may have disagreements regarding this gifting if there are no legally binding documents regarding the same. Therefore, it is the job of a gift law attorney to look after the legal paperwork and also arrange for authorized witnesses for signing the document so that there are no disputes later on that the document might be a false one or a forged one. The involvement of an attorney also validates the fact that the doner was under no force or coercion while signing the papers handing over the ownership of the gift to the donee. He or she was not under any duress and the entire process was intentional. This way it is not possible for anyone to later contest the documents related to the gift.
For a lay person it is not possible to prepare all the legal paper works as there are certain rules and regulation which falls under the gifting property which has to be adhered to while preparing such documents. For example, as per the rules, the donee and the donor both has to be alive when this entire process is taking place. The gift cannot be handed over after one party dies, be it the doner or the donee. In the eyes of law if any of the parties expire during the process the entire thing becomes invalid. The deed is therefore a legal contract and a gift law attorney is the ideal person to do the same. It is important that the gifting deed is drawn up keeping all the rules and regulations in mind which has all the points duly noted down. It is a piece of very valuable paper which actually confirms the fact that the doner wishes to gift away a particular asset or property to the donee as per his or her free will and also that the donee has no reservations in accepting the gift. Both the parties in this case have to sign the document so that no other third party can cause any dispute regarding the gift. As per the gifting rules, Id the documents are prepared in a correct way, and then it is duly credited by the court of law to be a piece of valid document which cannot be contested or disputed in any way.
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About the Author
The writer of this article Chiranjit Roy is a gift law attorney who has been practicing in this particular field for the past three decades and has thorough knowledge regarding the rules and regulations related to gifting immovable properties and assets.
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