rahul singh 30 October 2020

Question regarding gift deed

This question is regarding gift deed.

A and B are husband and wife and has 5 childrens includes 2 son 3 daughter. B(Wife) has gifted house to his husband(A) through Gift deed. So if Husband Died, i have two questions here.

1) who will be the owner of the house is the wife or it will be belongs to all the childrens.

2) Is the gift deed will get cancelled automatically and ownership goes to B(Wife)?

Note: There is no clause mentioned in the gift deed stating if A person died , ownership go back to B.

Can someone please guide us on the same.

Thank You.

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6 Replies

Advocate Bhartesh goyal (advocate) 30 October 2020

If A and B are Hindu and A died intestate then according to Hindu Succession Act gifted property will be divided equally among wife and five children of A.Each legal heir of A will get 1/6 share in property.

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kavksatyanarayana (subregistrar/supdt.(retired)) 30 October 2020

Yes. I agreed with the advice of learned expert Mr. Bhartesh Goyal sir.

Dr J C Vashista (Advocate) 31 October 2020

Hypothetical and academic question.

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P. Venu (Advocate) 31 October 2020

What is the real issue of any? Why the contingency of husband 's death?

1 Like

rahul singh 31 October 2020

Thank you for you response sir.

Sridaran Ganapathysubramanian 01 November 2020

Once wife gifted her undivided share to his husband,and if the husband left his wife and sons and daughters,then if they born as a Hindu or Christian,all the legal heirs are entitled to get equal shares.After the kife time of the husband.