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Rajiv Saigal   17 September 2021

gift of property

This is regarding a property inherited by my Father in Law in Delhi.
.Father in law inherited it (along with his sister) from his father during partition .
Later ,the property was divided into equal shares of father in law and his sister.
My wife has a brother.
father in law Gifted this property to his son and daughter during his life time.Wife went to Delhi and property was gifted to brother and sister and it was registered after paying a fee. Father in law passed away recently.
The gift deed says that my wife has received 22.5% of the property
My query is
1.Can the father in law gift this property
2. is the division of gift ok . or it has to be half for each

 6 Replies

Advocate Bhartesh goyal (advocate)     17 September 2021

( 1 ) Yes, your father had a legal right to gift the property. ( 2 ) yes as per gift your wife is entitled to get 22.5% share in property .Your wife can not claim more than 22.5% share.

Rajiv Saigal   17 September 2021

Thanks Mr Bhartesh Goyal. But I read somewhere that after 2005,daughters have equal right on the property as the sons have

Advocate Bhartesh goyal (advocate)     17 September 2021

If your father in law did not execute gift deed and died intestate then certainly your wife could claim equal share as his brother but your father in law had distribute the property through registered gift deed so your wife can not claim equal share.

Shashi Dhara   17 September 2021

If he died intestate then o.k. but he has gifted ,if u have not satisfied file suit that gift deed is illegal and challenge in open court .

Rajiv Saigal   17 September 2021

please clarify
self acquired property or inherited property won't make a difference?? He gifted it when he was alive

Kevin Moses Paul   29 September 2021

As per you question let me clarify that an ancestral property cannot be sold or even gifted without consent of successors in case of major, while in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

This is because essentially a person can gift his/her self-acquired property to anyone, as long as he/she is competent to enter into a valid contract in accordance the provisions of the Indian Contract Act, 1872.
Which means person needs to be of sound mind and not a minor (i.e. should be above 18years of age) in order to be legally eligible to enter into any type of contract, as long as he/she isn't an un-discharged insolvent.

[NOTE:- In relation to daughters back in 2003 the Supreme Court ruled that a father can gift a reasonable portion of his ancestral immovable property to daughters at the time of their marriage or even long after their marriage.]

Hope it clarifies your doubt!

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