protect cash gifts from future claims by other family members

Question

► My grandmother is selling one of her properties. She will gift 50 lakhs to me by transferring money from her bank account to mine. I operate all her documents and bank accounts. She is of sound mind, under no pressure, and she is not manipulated. She is gifting this money at her own will. I am concerned someone else in the family might come up later on and claim that I had done something illegal to get that money from her. What documents should I prepare to prevent that.

Answer 1

Dear Client,

Since you are holding the accounts of your grandmother, relatives may accuse you of “undue influence” as per Section 16 of the Indian Contract Act of 1872. To avoid this, it would be better to document the transaction. Although passing movable properties requires only the delivery of goods according to the Transfer of Property Act of 1882, a written Gift Deed will guarantee your grandmother’s intention only. Therefore, the deed must state that your grandmother executed the deed of her own free will and without duress. Also, it would be helpful if the deed is signed by independent witnesses in order to strengthen its credibility. Furthermore, it would be advantageous for you to obtain a medical certificate confirming that your grandmother is sane and mentally fit at the time of signing the deed.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Answer 2

Hello,

As per your query

You need to prepare a affidavit from your grandmother stating that you are taking care of her and as such out of natural love and affection, voluntarily she is transferring such amount as an act of gift and such act is gratuitous.

For more details on the matter feel free to connect with me through OLQ.

Answer 3

Dear Sir, as per your query,

Prepare a notarized Gift Deed on non-judicial stamp paper stating that your grandmother, of sound mind, voluntarily gifts ₹50 lakhs to you from her bank account — no coercion, no consideration.

Get a supporting Affidavit from your grandmother (with witnesses) declaring the gift is out of love and affection, made of her own free will, along with proof of bank transfer and property sale.

Maintain full documentation and evidence like bank statements, sale deed, notarized deed/affidavit, and optional video or written confirmation to protect against future family disputes or allegations.

For further details, feel free to contact our OLQ Team for a detailed discussion.

protect cash gifts from future claims by other family members

3 Answers