Gift settlement property can be brought into joint family property for partition
SANGAMESWARA RAO DHUPAM
(Querist) 16 May 2014
This query is : Resolved
Respected Sirs,
My Friend`s father has got some property by means of a Partition deed among his brothers. His father also purchased some property in his name out of joint family cash. His father and his two sons has got some property by means of a Gift from his mother. Now my friend`s father wants to make partition among himself and two sons and a daughter. My doubt is that whether the gift property can be brought into the present partition as joint family property, if a declaration to that effect is made in the partition and thus can it be divided into shares among the family members.
R.V.RAO
(Expert) 17 May 2014
the gift from his mother to the father and 2 sons unless stated otherwise,is 1/3 share to each of them.
If the the gift of property is unconditional,irrevocable , stamped and duly registered ,then,the father's 1/3 share of gift is his self acquired property and can be disposed any way he likes, and thus can be included by him for partition purpose if he so wishes .
but the father has no right, to include the two sons' share of gift for partition purpose, unless they are willing.
Rajendra K Goyal
(Expert) 17 May 2014
Gifted property is the absolute ownership property of the person to whom it is gifted. It can not be treated / divided as joint family property.
malipeddi jaggarao
(Expert) 17 May 2014
I agree with expert Mr.R.V.Rao and all other experts.
The question here is the gifted property to the sons of your father is subject to any sharing among the other legal heirs unless they voluntarily make such inclusion and in such case, a clear recital is to be brought in the settlement deed.
SANGAMESWARA RAO DHUPAM
(Querist) 17 May 2014
Respected Sirs,
Thank you, for the information. In the recitals of the present Partition deed it is declared by all the parties i.e., Father, Two sons that the property which was acquired by Gift has been thrown in the hotchpot of the other family properties and jointly enjoying the property. So as per the opinion of Respected Sri R.V.Rao and Sri Malipeddi Jaggarao if the gift property is voluntarily included in the partition property, it can be considered for partition. kindly clarify in this matter since Respected Sri Rajendra K Goyal expressed different opinion.
malipeddi jaggarao
(Expert) 17 May 2014
If proper recital is included, there is no problem. The opinion of expert Shri Rajendra Goyal is also similar. It can not be treated/divided as joint family - means without the consent of the donees. Here, donees have voluntarily thrown their properties into common pot and to that effect there is recital in the document. Then no problem.
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
Your queries have been properly addressed by all experts who have similar views and opinions on the subject issue. In fact nobody differs with others opinion including expert Mr. Rajendra K Goyal. He confirms Mr. R.V. Rao's opinion that the gifted property will be the donee's own property, if the donee is willing to, the same can be clubbed into the main stream for partition along with other properties.
R.V.RAO
(Expert) 18 May 2014
yes. a clear recital in the partition deed about the source of the property which is the subject of the partition deed -gifted property among other sources- and willingness of all concerned to throw their share of gifted property into the joint family hotchpotch, solves all problems,present and future.thanks to all experts.
Raj Kumar Makkad
(Expert) 18 May 2014
There is no legal hurdle to treat all 3 types of the properties as of self earned and as such the partition can be made as desired.
SANGAMESWARA RAO DHUPAM
(Querist) 18 May 2014
Respected Sirs,
Thank you, all. Kindly supply any case law, if any in this case.
