Land gift to daughter by father
Querist :
Anonymous
(Querist) 25 July 2011
This query is : Resolved
Dear Sir,
My father has recently executed and registered land property in kerala state as a gift in my favour.The said property belonged to my grandfather, which was divided between my fathers and his brothers after my grandfathers death,as per the 'Will' left by my grandfather.The property share belonging to my father was subsequently registered by my father in his name and now gifted to me after my marriage.I would like to know
1) Can my father claim back the property from me in future .
2) Does my fathers gifting this land to me require my only brothers consent(To avoid any legal hurdels in future)
3)What is the further process for me to accept this gifted property or does the registration suffice all the requirements.
4) Will my husband be entitled to claim in this property in case of any untoward incident happen to me.
5) Also post gifting what does 'acceptance of property mean'.
Thanking you
Sharma
Devajyoti Barman
(Expert) 25 July 2011
1. If it is validly executed gift then he can not.
2. It is his self acquired property so your brother's consent id not required.
3.Yes
4.Yes if you sis intestate then the property would devolve upon him along with your children,if any.
5.It means completion of gift.
R.Ramachandran
(Expert) 26 July 2011
I completely agree with the views of Mr. Barman.
M/s. Y-not legal services
(Expert) 26 July 2011
Yes. Me too agree with mr.barman's view. For your kind information, what law says about gift? It should be without condition and consideration. And if that gift accepted by you, and the possession handed over mean its can't be cancelle.. Thats all.
prabhakar singh
(Expert) 28 July 2011
CHAPTER VII122. "Gift" defined
"Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donor, and accepted by or on behalf of the donee.
Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
ABOVE IS THE LAW ON GIFT,APPLYING SAME TO YOUR POSED QUESTIONS,THE ANSWERS ARE:
1.NO,HE CAN NOT CLAIM BACK.
2.LEGALLY NOT BUT DESIRABLE,IF POSSIBLE AS IT AVOIDS ALL KINDS OF FUTURE DISPUTES.
3.IF THE GIFT DEED IS BILATERAL AND A RECITAL OF YOUR CONSENT IS WRITTEN THEREIN
AND POSSESSION ALSO SHOWN TO HAVE BEEN GIVEN AND YOU ALONG WITH YOUR FATHER BOTH HAVE SIGNED THAT VERY DEED THEN NO EXTRA WORK IS REQUIRED.
4IN THAT CASE IN ABSENCE OF A WILL BY YOU YOUR HUSBAND WOULD BE ONE OF YOUR LEGAL HEIRS.
5.ONE MAY WISH TO GIFT BUT THE OTHER MAY REFUSE TO ACCEPT,IN RESULT NO AGREEMENT FORMED ,HENCE ACCEPTANCE IS A MUST TO COMPLETE A GIFT.
IF YOU HAVE NOT ACCEPTED IT BY SAME DEED
ACCEPT IT BY AN OTHER REGISTERED DEED MENTIONING DETAILS OF GIFTED PROPERTY AND DECLARING THAT YOU HAVE TAKEN POSSESSION OF GIFTED PROPERTY..
