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Madan   03 September 2018

Gifting of share in property

Is partition of property among legal heirs mandatory to gift between 2 legal heirs ? Note : Its a hindu family. father died and he has his wife son and daughters as legal heirs. now mother wants to gift her share to son . however property is still in fathers name.father died 10 years back.. mother has gifted the property to her son via a gift deed.. does the deed hold good ? is it valid? or is a partition among wife son and daughter mandatory for wife to gift her share to son ??

 3 Replies

Adv. Aditya (Litigator GROSON ADVISORS)     03 September 2018

Dear Concerned,

Assuming that the gift deed is registered and the property is undivided and the gift deed mentions  that the mother inherited ... share on the demise of husband and the same remains undivided, which is hereunto gifted .. to son, the gift deed is valid. 

also, for eradicating any disputes that may arise in future through your sisters regarding the gift deed or anyone else, must take sisters witness in the gift deed (it is not a mandatory requirement). 



DMINDIA 2018   04 September 2018

I think Your Gift Deed is not valid, because no mention about any government involvement in this agreement. secondary, if you have original papers of that property then you are safe in some kind. still need some action.

Gautam Thota   04 September 2018

my parents expired without writing will.we legal heir taken property of my father n registration also done my mother property gifted to their sister by legal heirs and registered without will of mother - is that gift deed is valid? .since gift donee want to sell the property to others now one of the legal hier objecting for sale because he wants to purchase gifted property to her sister?now he can raise objection in court of law n challenge gift deed on the ground that legal heirs after death of mother and father without their will gift deed to the sister by brother is valid as per law?PL clarify

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