sudhir lodha 11 June 2017

Gift deed between brothers

Respected All,

My father plans to gift his propoerty to his brother with love and affection cos his younge brother has become financially little weak. my question is do my mother and i(i am major) need to give a consent to for him to give the property as a gift.

Rgds

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5 Replies

saravanan s (legal advisor) 11 June 2017

If it is his self aquired property then he need not require any of his consent

Advocate Suneel Moudgil (Advocate) 11 June 2017

properly answered by Mr Saravanan

Kumar Doab (FIN) 11 June 2017

Mr. Saravanan S is right.

Agreed.

Raveena Kataria (Advocate ) 04 July 2017

Hi! As stated above, if the father's property is self-acquired, that is, it's been purchased by him during the lifetime of his heirs, using his own funds and without detriment to the joint family property, he can dispose of such property as he pleases.

However, if it's joint family property that you speak of, he can make a gift of the share over which he'd have exclusive ownership; i.e. only his share of the ancestral property. He can also alienate the said property in the favor of his brother if both you and your mother consent (assuming you two are the only remaining family members.)