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P Goverdhan Reddy (Lawyer)     16 February 2020

Gift deed in favour of cousin brother

                                 LATE RAMAIAH  (DIED)-   OWNER OF 15 ACRES (Ancestral Property)

RAMU (SON)                             BHIM (SON)                             ARJUN (SON)

5.00 ACREA                              5.00 ACRES                             5.00 ACRES

 

SURAJ (SON)

CHAND(son)

  • WHERE AS Ramu share – 3 acres, is holding by Bhim as per revenue records (Pass BOOK/title Deed).   Possession held by Ramu for 30 years. 
  • Now, since the 3 acres are part of share of Ramu,    Bhim wants execute the Gift Deed in favour of Chand S/o Ramu to clear partition. 

Can Bhim do so or not.   Hope it is valid transaction as there is willingness from Ramu and His Elder son Suraj.     



Quick Summary
This discussion concerns whether Bhim can execute a gift deed for 3 acres of ancestral property, which legally belongs to his cousin Ramu but is recorded under Bhim's name, in favour of Ramu's son, Chand. While Bhim intends to gift this land to clear partition issues and has consent from Ramu and his elder son Suraj, the advice given is that ancestral property cannot be directly gifted. Instead, the property would need to be formally partitioned or a relinquishment of share executed.

 2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 February 2020

Dear Goverdhan,

An Ancesstral Property cant be given as Gift, either it has to be again partitioned or relinquishment of share can be done.

Therefore, Ramu 

1 Like

P Goverdhan Reddy (Lawyer)     24 February 2020

sir thanks

 


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