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Party A and B are family friends (no blood relation) for 30 yrs and party B has provided a lot of help and support to A and her family over years. Party A is divorced & has 1 daughter. Party A and her daughter now sell a jointly owned flat and from the sale amount, party A wishes to give party B Rs. 40 lakh vide cheque through a gift deed as a repayment for all the help. This amount will be a gift without repayment & interest free. The amount is in a joint saving account of party A and her daughter and the cheque is signed by A only and not daughter. There is no mention or consent of daughter in the gift deed anywhere. Party A in full senses wishes to execute the gift deed. Party B after accepting the gift deed will pay the tax associated to the gift deed. Can daughter of A challenge this gift deed anytime in future and force party B or any of his family members to repay this amount? What are the clauses/measures party B need to take care off if such a situation arises in future.
Without the daughter's consent in the gift deed, there might be a possibility of her challenging the gift in the future,party B could consider consulting a legal expert to ensure the gift's validity and possibly involve the daughter in the process to avoid potential disputes. for further enquiry contact us.