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T R Narayanan (manager(retired0)     20 July 2021

gift to daughter

I own a flat in my
name which i want to gift to my daughter. Query Do i need to obtain NOC Of my other family members.
Second do i need to write a will also simultaneously.
Regards

RSN


Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     20 July 2021

 ( 1 ] No

 (2 ) you need not to execute will.

Kevin Moses Paul   20 July 2021

As per your query, let me tell you that the Hindu Succession Act does not provide any such limitation where you need to acquire permission from the rest of your family members for the purpose of gifting your property to your legal heirs.

Enacted in 1956, the Hindu Succession Act, 1956 was ammended in year 2005 such that the daughters also gets equal shares in their parental property. The agenda was to provide daughters with equal rights that were earlier enjoyed by the son's only.

The ammendment made to the act in year 2005, held that women (daughter's) hold a share in their ancestral property merely since birth, however, the distribution of the self-acquired property will be totally dependent upon the 'Will'.
Henceforth, it means that even in cases where a father dies without preparing a Will, then the daughter would enjoy the same rights as the son irrespective if the property is Self-Acquired or Ancestral.

Now, first it's very important for you to understand that there are 2 types of properties namely, Self-Acquired Property and Inherited Property. The property that you purchased all by yourself is known as "Self-Acquired Property" while on the other hand, the property that you obtained from your father is said to be an "Inherited Property".

Thus, in any of the case (i.e. whatever the type of property maybe - either Self-Acquired or Inherited), there's no need for permission of anyone to offer you property to you daughter or to make a Will fro the same, as being your legal heir she holds the right over the property since birth.

Hope It Helps

Regards
Kevin M. Paul

T R Narayanan (manager(retired0)     21 July 2021

Thanks. Sir. Any guidance format on how to gift. By a gift deed.

Registration and notarised

Kevin Moses Paul   30 July 2021

I've said down a link below that contains a sample of gift deed. Have a look at it for more input of the same —
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.goa.gov.in/wp-content/uploads/2017/10/Gift-Deed.pdf&ved=2ahUKEwiStomNmYvyAhUDwTgGHUkHB-oQFjALegQIHRAC&usg=AOvVaw1fK0fTj7ewdk_mEKoLMZuQ

Hope It Helps!

Regards
Kevin M. Paul

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