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mahesh   12 April 2015

Gift deed clarification

Dear sir, we are 5 members in family father, mother, elder brother, younger sister and me (second son), all are married, my father was a government employee, purchased a property in his name through his own earnings, now my father want to execute a registered gift deed the self acquired property, kindly let me know, is there any chances of claims by any means of my younger sister and elder brother or by my younger sisters sons or daughters and elder brothers sons or daughters. kindly guide me in executing the transaction.


 9 Replies

Dhanalakshmi (Advocate)     12 April 2015

No one can claim. Your father only can decide which property and how much movable and immovable property to be gifted and to whom.

Kumar Doab (FIN)     12 April 2015



The owner can give away his self acquired property to anyone as it pleases to him/her.


Let the gift deed be drafted by an able lawyer to suit the interest of the owner................and registered properly.

Advocate Ravinder (Advocate/Attorney)     12 April 2015

I completely agree with Dhanalaxmi and kumar doab.

A.Radha Sampath (Advocate)     12 April 2015

Self acquired property can be gifted to anyone at the will of the owner either fully or partially. But if there is no valid reason, it is better to be shared among all the three to avoid any strained relationship in the family for the sake of property.

S.Sankarasubramanian (practcing advocate)     12 April 2015

Dear brother,

Being self acuired property of your father he is competent to gift his property to any one with his free will.


                                                                            S.Sankarasubramanian, Advocate, Madurai Bench of Madras

                                                                             High court,, Madurai.

DHARUN KUMAR.SHANKER (A.D)     13 April 2015


My father expired leaving no will of giving his properties to me(as he told his friend),now my sisters(4) are asking me to share the whole property under my fathers name equally,among them one of my sister married to a muslim community man.Is she eligible as a legal heir of my fathers property as we are from Hindu community?do we need to mention her in the "deed of partition"?

T. Kalaiselvan, Advocate (Advocate)     16 April 2015

@Mahesh:  Your father can execute gift deed and register it in your name any time without taking anyone's consent being self acquired property. The gift deed should not have any ambiguity which may prompt a litigation in the future.  Care should be taken on it.

T. Kalaiselvan, Advocate (Advocate)     16 April 2015

If your father died intestate without making any arrangement for his property, then the entire property will devolve upon all his legal heirs equally, which include his children, wife and mother.  Your sister is a legal heir to your deceased father hence she is very much eligible to claim her entitlement in the property as her right.

Please use a separate thread to post your queries, do not use others thread.

priya tripati   05 May 2016

if there is no proof that love marriage does not accepted by his family.then also his sister have a right on her father property. please don't mind sir,because  i have also this problem but my family can't accepted my sister marriage both are from oc category but different caste and her husband does not  have any source of income

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