Pitchaiah Bathula
(Querist) 11 August 2015
This query is : Resolved
Two brothers partitioned ancestral property equally. Elder brother has gifted one third of his part to his younger brother unconditional with full rights. Remaining two third of his property sold out. Now younger brother wants to gift the same property which he got from his elder brother to his brother's son Is there any legal objection? Can it be done
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
There is no problem in the brother executing a registered gift deed in favor of his brother's son towards the property proposed to gift him.
Pitchaiah Bathula
(Querist) 17 August 2015
Sir, one of the local lawyers I consulted, says in 2005 there was change in law that brother can gift his property to his own blood relation only, not brother's son or children, sister's children even his wife.Is it correct?
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
No, you have been wrongly informed about this. the essential criteria for a gift deed is the door should have a marketable title to the property.
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