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Anil pattnaik (Proprietor)     06 September 2010

gift deed to son on property received from husband's death


    My mother , me and my brother are the only class 1 heirs of my late father. There is a plot in my father's name.  My mother wants to gift me her share in the plot to me. Can she do this as the property is not self acquired by her but was self acquired by my father? Is it also necessary to obtain a legal heir certificate before making the gift deed?


 5 Replies

Darshan Panchal (Advocate)     06 September 2010

A declaration cum Affidavit be made to the competent revenue authority( Talati or Mamlatdar/tehsildar) alongwith death certificate stating that u people r the only heirs of ur father and that ur names be entered in revenue records deleting his name in the revenue record pertaining to said plot. You may require to produce necessary evidence in that regard as may be asked by the authority.

Anil pattnaik (Proprietor)     07 September 2010

Sorry sir , this is not the reply to my question. I want to know how my mother can relinquish her share in my favour when it is inherited from husband?

Darshan Panchal (Advocate)     07 September 2010

ur mother, bro and u hv become entitled to the 1/3 undivided share in the said land. As i said earlier, a mutation entry is to be made in respect of heirship whereby u trio's name would be entered as his heirs. That itself is a sufficient proof that u hv inherited the said plot and ur names have been entered as owners in the records. No legal certificate is required. Ur mother can definately release her 1/3th undivided share in your favour by a registered Deed of Gift

harpreet singh (private practice)     08 September 2010

Yes ur mother can gift u her share there is no legal bar to it because she is not a corpacener in a joint hindu family property.. the property in her hand is as gud as self acquired

saravanakumar (Lawyer)     15 September 2010

Yes , Your mother can release her share by release deed  and she can also gift . Legal Heirship certificate and Death certifciate of your father required.

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