Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Madhu (S/W Engineer)     11 June 2022

Can we make gift deed ancestral property to non-family member in karnataka

Hi All,

We bought non-movable property 40 years ago for 50K in Karnataka and we are in the possession from 40 years.

Now, I am planning to register that property through Sale deed, But the property owner saying they are not willing do the sale deed since they never received money as we gave the money to their father and he is no more. However they are ready to do the gift deed. The property is in the name of 4 members (Brothers) and that property came through ancestral rights. All 4 bother kids also ready to do the gift deed along with their fathers.

My Question is:

Gift deed can be done for ancestral property in this case  to the non-family member?

Is this Legal ? 

Can anyone can challenge this in future?

 

Please advice.

Thank you



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 June 2022

If all the legal heirs of the ancestral property execute the Gift Deed in your favour, then it is valid.  But the stamp duty will not be exempted in this case.  And if any legal heir of the ancestral property is not executed the gift deed then it is invalid.

2 Like

Janak Raj Vatsa (Advocate) (Lawyer consultant)     11 June 2022

all legal heirs of the owner of property have to execute gift deed in your favour . requisite stamp duty will also be levied being non family members. it will be legally valid gift.
1 Like

Madhu (S/W Engineer)     12 June 2022

Thank you, what If 2 person missed during the registration and they do register later point ?

will that be a valid ?

like giving consent/agreeing the gift deed made by my Father and brothers. 

G.L.N. Prasad (Retired employee.)     12 June 2022

If you have a mutation in your name, always go for filing a declaration suit through a local advocate as it dispels all your doubts and you can get the best title for the property in your possession through adverse possession.

Dr J C Vashista (Advocate)     12 June 2022

Originally posted by : Madhu

"Thank you,

what If 2 person missed during the registration and they do register later point ?

will that be a valid ?like giving consent/agreeing the gift deed made by my Father and brothers."

Ans . No. The property is undivided where title of the property is still in the name of all 4 brothers and all 4 have to get it registered through single / solo document of "Gift Deed"  

 

 

P. Venu (Advocate)     16 June 2022

The facts posted do not suggest the property to be ancestral.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query