Jagjit Singh 01 October 2020

gift deed during partition suit

my father in law has 1/3 rd share by intestate succession of late wife,who died 40 years ago,he married twice and I am his son.step sister has filed partition suit,now my father is willing to gift me his 1/3 share.can he execute gift of his 1/3 share during suit process?will it be legal

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Quick Summary

This discussion addresses whether a father-in-law can execute a gift deed for his 1/3 share of property during an ongoing partition suit filed by a stepsister. The general advice is that gifting a share under dispute in litigation is illegal until the suit concludes. It's crucial to consult with your father-in-law's lawyer for specific guidance, as the share is currently undecided and subject to the court's outcome.

3 Replies

Isaac Gabriel (Advocate) 01 October 2020

Barring the suit property he is at liberty to gift his portion of land without affecting other's right.

Dr J C Vashista (Advocate) 02 October 2020

Share of your father in-law is under dispute / litigation / undecided, hence it would be illegal to execute a gift deed qua his share.

You / he will have to wait for the outcome of lis.

Otherwise, what is the opinion and advise of the lawyer engaged by your father in-law who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy your queries/ questions?

However, if you / your father in-law is not satisfied with his/ her (lawyer's) guidance it would be appropriate to seek service of another local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceedings

P. Venu (Advocate) 02 October 2020

Facts posted are confused. Is it father or father-in-law? Did the property belong to your late mother? How it it that there are three shares? Please post simple facts.