2 sons gift property to his mother
Kishore
(Querist) 11 February 2010
This query is : Resolved
I am Kishore Lakha from Karachi, Pakistan,
We want to gift a property to our mother. What is Hindu law says about the Gift deed? It is possible in Hidhu Law.
A V Vishal
(Expert) 11 February 2010
Yes gift to mother is possible, but you are a resident of Karachi, my question is
1. Where is the property situate viz. is it in India or Pakistan.
2. You need to check the laws in Pakistan if you intending gifting a property in Pakistan.
3. Where is your mother residing.
A V Vishal
(Expert) 11 February 2010
Under the Hindu Law: A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain.
A coparcerner, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained by him.
A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitled to be maintained by him. A female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband.A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will.
The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated.
A gift under Hindu Indian law need not be in writing. However, a gift under the law is not valid unless it is accompanied by delivery of possession of the subject of the gift from the donor to the donee.
However where physical possession cannot be delivered, it is enough to validate a gift, if the donor has done all that he could do to complete the gift, so as to entitle the donee to obtain possession.
GIFTS BY HINDUS WHERE TRANSFER OF PROPERTY ACT APPLIES.
A gift under the above act can only be effected in the following manner.
a. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
b. For the purpose of making a gift of a movable property, the transfer may be effected by a registered document signed by the donor or by delivery.
GIFTS TO UNBORN PERSONS:- Under pure Hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. This rule has been altered by 3 acts namelyThe Hindu Transfers and Bequests Act 1914, Hindu Disposition of Property act 1916, and the Hindu Transfers and Bequests (City of Madras)Act 1921
RESERVATION OF LIFE INTEREST: A gift of property is not invalid because the donor reserves the usufruct of the property to himself for life.
CONDITIONS RESTRAINING ALIENATION OR PARTITION
Where property is given subject to a condition absolutely restraining the donee from alienating it, or it is given to two or more persons subject to a condition restraining them from restraining it, the condition is void, but the gift itself remains good.
Kishore
(Querist) 11 February 2010
Answer No 1. Property in Pakistan.
Answer NO 2. We know well about Property Hindu law in Pakistan, What is in India?
Answer No 3. in Pakistan
A V Vishal
(Expert) 11 February 2010
The answer to your 2nd post is already replied.
Raj Kumar Makkad
(Expert) 12 February 2010
Nothing to add in the detailed opinion of vishal.
Kumar Thadhani
(Expert) 13 February 2010
I agree with all these experts.
