Querist :
Anonymous
(Querist) 02 April 2018
This query is : Resolved
Hello, My query is regarding gift deed. There is a land with the name of my grandfather. He is no more. My grandfather had 4 son and 1 daughter. There is no partition on land and all 4 family living separately there. Now my father wanted to gift his share of land to me. But other 3 brothers(my uncles) are not getting ready. What should I do? Is it possible to make gift deed? If yes, what are all documents will be required.
Advocate Bhartesh goyal
(Expert) 02 April 2018
Your father should initiate partition proceedings .
P. Venu
(Expert) 02 April 2018
The proposed gift does not require the consent of the uncles. However, it would be better option if the property is partitioned, either through mutual consent or through a decree in a partition suit, before executing the gift deed.
Guest
(Expert) 02 April 2018
You do not have any locus standi in the jointly inherited property by your father and uncle. No gift deed can be made unless property is partitioned legally.
Dr J C Vashista
(Expert) 04 April 2018
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