Gift deed

JLFC Official (Querist) 26 March 2021 This query is : Resolved
If a property by a father is already gifted to the younger son through registered gift deed. Can a hindu father ask his elder sons to leave the house?

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Once a father transfers property to his younger son via a registered gift deed, he loses ownership rights. Consequently, the father cannot ask his elder son to leave the house, as the property now belongs to the younger son. The younger son, as the new titleholder, would be the one with the right to evict the elder son if necessary.

SHIRISH PAWAR, 7738990900 (Expert) 26 March 2021
Hello,

After the transfer of property, the elder son becomes the titleholder of the house. So technically no one can throw him out of the house. But in your case father is alive who gifted the property. So it is better for an elder son to keep calm otherwise he may have to lose the property.

Advocate Bhartesh goyal (Expert) 26 March 2021
If the father has transferred his property to his younger son through registered gift deed then father has lost the ownership right and such ownership after transfer vests to younger son .In such situation father has no right to evict/dispossess his elder son. It is now younger son who has right to evict/dispossess his elder brother.

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Advocate M.Bhadra (Expert) 26 March 2021
Yes he can, A deed of gift once executed and registered cannot be revoked, unless the mandatory requirement of Section 126 of Transfer of Property Act, 1882 is fulfilled.
Section 126 of Transfer of Property Act, 1882 deals with when gift may be suspended or
revoked. According to it, the donor and donee may agree that on the happening of any
specified event which does not depend on the will of the donor a gift shall be suspended or
revoked but a gift which the parties agree shall be revocable wholly or in part,

Hemant Agarwal (Expert) 26 March 2021
1. FULLY AGREE with the logical & legal advice of above Experts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert) 26 March 2021
Father executed a Gift deed in favour of his younger son. So he has no right over the property as he already transferred his property to his younger son. So the father may the other sons including the elder son to leave the house as others have no right. You may settle this issue amicably with your younger brother to reside in the house for some time and in the meanwhile, you search/find a rented house. As per Rule 26(k) of Registration Rule, a cancellation deed shall be executed by all the parties including the vendee. But a Gift deed can be revoked unilaterally in some states as per instructions issued by the IGR of the State concerned.

ashok kumar singh (Expert) 28 March 2021
agreed with view expressed by earlier experts, therefore no comments so far.
thanks

Dr J C Vashista (Expert) 29 March 2021
Very well analysed, opined and advised by experts, I fully agree and appreciate.
Consequent upon registration of gift deed in favour of younger son neither father nor elder son has any right, interest, claim or title in the subject property

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