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Uday Ramdasi   19 February 2018

Gift deed of inherited property

I knew that inherited property cannot be gifted. But now it is done and gifted to legal heirs excluding one of them. Now the excluded heir is ready to sign consent letter for this gifted property. Is this consent legal and valid?


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 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 February 2018

Consent letter is not sufficient.  the excluded legal heirs can execute a RATIFICATION DEED to already registered Gift deed. it will cost less amount.  consult in local registrar office, or a lawyer who have knowledge in this kind of matters.

Uday Ramdasi   19 February 2018

Sure.. Thanks alot! One more thing in the same case, if there are couple of more properties wherein the same excluded heir required to be kept excluded. Then what should be the legal deed? Please guide.

Kumar Doab (FIN)     20 February 2018

The property that devolves by inheritance is of nature self acquired.

The legal heir can that inherited can dispose say by registered gift deed upto his/her share only…………..and cannot dispose share of others….

The gift deed for immovable property beyond share of donor should be invalid.

Kumar Doab (FIN)     20 February 2018

Show the documents to a very able senior LOCAL counsel of unshakable repute and integrity specializing in succession/Civil matters and having successful track record ……..for a considered opinion.

Uday Ramdasi   20 February 2018

Thanks alot for your your valuable, quick and advice. Thanks again

Kumar Doab (FIN)     20 February 2018

You are welcome..

R.Ramachandran (Advocate)     21 February 2018

Who told you and wherefrom you knew that "I knew that inherited property cannot be gifted."?  

Your understanding is totally wrong.

1 Like

Uday Ramdasi   21 February 2018

Inherited property can be gifted but it is limited to individual's share only. This is my understanding. Please guide in detail.

SHIRISH PAWAR, 7738990900 (Advocate)     21 February 2018

Individual person can gift inherited joint ownership property of his individual share. So in your case the person has to relinquish their right in inherited joint ownership property. Please appoint Advocate for completing transaction.

R.Ramachandran (Advocate)     21 February 2018

You are not coming out with facts.

Originally you said "I knew that inherited property cannot be gifted. But now it is done and gifted to legal heirs excluding one of them."

At least now clearly indicate, who inherited the property?

Who gifted the property/

He gifted only his portion or the property, or somebody else's property? 

 

Kumar Doab (FIN)     21 February 2018

Subsequent to posts by members/experts  you may revert.

 


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