balakrishnan k s (senior manager) 02 January 2019

Gift deed

Sir,my mother in law and one of her sons own a vacant landed property in their joint names.At present they are not having any idea for construction of house.Earlier they have a proposal to divide the property equally and suitable partition deed in their individual names.Now, the son is having a opinion to get a gift deed from his mother towards her half share in it.Now the mother is old aged and settle the matter amicably as she is having 6 sons and one daughter.Kindly guide us a suitable solution.

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6 Replies

Shashi Dhara 02 January 2019

All of them come together and sit with well wishers and settle the solution amicably.or thru settlement deed

kavksatyanarayana (subregistrar/supdt.(retired)) 02 January 2019

Are you Hindu? Your mother-in-law and one of her sons bought the land with whose funds? If your brotherinlaw with his own fund purchased the property then he has right for his half share. If the property purchased with father's fund/joint family fund, it shall be distributed among all legal heirs i.e. your motherinlaw and her children including daughters.

balakrishnan k s (senior manager) 06 January 2019

Sir,we belong to Hindu family.The subject property has been purchased by my b/law and m/law out of their self earned incme in equal share.So we feel at this stage no complications arise by legal heirs of my f/law.We need guidance for suitable settlement between the property owners to avoid future litigations considering the age factor of my m/law.

So guide us whether any will or gift deed by m/law or settlement deed by both is suitable solution.Whether unregisters will suffice as m/law is not able to appear personally for registration.

balakrishnan k s (senior manager) 06 January 2019

So guide us whether any will or gift deed by m/law or settlement deed by both is suitable solution.Whether unregisters will suffice as m/law is not able to appear personally for registration.

kavksatyanarayana (subregistrar/supdt.(retired)) 06 January 2019

As the property is self acquired by your motherinlaw and brotherinlaw. so either your m-law or b-law may relinquish his/her rights in favour of other. If your brotherinlaw relinquish his right to your motherinlaw, after her it will be distributed among all her children. so your motherinlaw may gift her 1/2 share to your b-law and the gift deed shall be registered.