Vikas 31 May 2018

Gifted Property query

a self acquired property is gifted by a father aged 60 to his son aged 34,property is in Pune, stamp duty duly paid by the son. family consists of father aged 60 mother aged 52 son aged 34 sons wife aged 35 and a sons minor daughter child aged 6 since its a gifted property from father to son,wjat happens in the following scenario if the son dies whom will the property pass on to father,mother or the sons wife if the property passes on to the wife,can the father put a claim in the property and claim it back if the property is passed on to the father,can the sons wife put a claim and acquire it from the father

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Raghav Arora 01 June 2018

Hi! Thanks for the question! The case will be governed by the Hindu Succession Act. Firstly, if the son (The Donee) dies, the property will be inherited by the heirs of Class 1 i.e. the wife and then the sons and daughters (Daughter in this case). Further, as per the laws governing such transactions, on registering the Gift Deed, the donor (The Father) loses all claims to the property. He can neither revoke the gift nor can seek or demand monetary compensation. So this answers the second question implying that - once the property has been gifted, all the interest of the father is lost through a voluntary waiver of his rights and he cannot claim the lawfully inherited property back from the wife. However, Section 126 of The Transfer of Property Act, 1882, provides for situations wherein a gift deed may be revoked by the donor in case it is mentioned in a clause thereof. But such clauses need to be specifically mentioned in the gift deed. I hope this answers your query. Good Luck!