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Prakash   20 August 2022

Gift Deed

Hindu Succession: Ancestral property was gifted to one son in 2000 with the consent of only one sibling among many-both male and female. The donee son dies intestate, leaving behind wife and two daughters. Whether the surviving wife and children have absolute right over the gifted property ?


 5 Replies

P. Venu (Advocate)     20 August 2022

How is that the property is ancestral? A property need not be ancestral just because it is inherited.

Moreover, the facts posted suggest deeper issues. Please post complete facts.

Prakash   20 August 2022

It's ancestral since it has been devolved through not less than 5 generations. And as many as 30 heirs have rights on the property.

P. Venu (Advocate)     21 August 2022

What prevents you from posting facts than propunding subjective assumptions?

Prakash   21 August 2022

What else elucidation is required more than this. A Hindu Tharavadu (Kerala) property inherited to the female members thru generations partitioned among the existing heirs, and apart from this a property has been gifted to one of the heirs (existing 1st line heir) without the written consent of other 1st line heirs. Now that donee is no more, donor already died well before. Donee died intestate has wife and children.

P. Venu (Advocate)     21 August 2022

Still the information inchoate. When did the partition take place? Please note that Joint Family system has been abolished long back in Kerala.

Furthermore, why is the querist is providing information as if it is a mercy? It appears that he is seeking confirmation of his views than seeking informed legal opinion.

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