Rajiv Saigal 18 September 2021

inheritance

Mr A has inherited a property in Delhi
He is alive. He has a son and a daughter. Can he Gift the property ?
or it has to be a Will .
If he gifts it. Can he give 3/4 to his son and 1/4 to his daughter
please come with your advice

Reply Follow

Quick Summary

This discussion clarifies the rules around inherited property, specifically whether an individual alive can gift their inherited share. The key distinction lies between self-acquired property and ancestral property. While a person has full rights to gift or bequeath self-acquired property in any ratio they choose, ancestral property, which has been passed down through generations, involves rights by birth for children, meaning it cannot be gifted or willed away arbitrarily.

3 Replies

Dr. J C Vashista (Advocate ) 19 September 2021

A can gift or bequeath his share in inherited property to either of them.

Advocate Bhartesh goyal (advocate) 19 September 2021

A has right to gift inherited property to anyone or both hid son and daughter can also give whatever share to anyone as per his wish .

Ananya Gosain 14 October 2021

Greetings!

As per your concern, If the father has self-acquired property, he is free to deal with it. If he dies intestate (without leaving a will behind), all children are entitled to get it as legal heirs.

However, if the property is ancestral he cannot deal with it freely as per his wish as all his children have a share in that property and his sons can claim partition of the same.

ANCESTRAL PROPERTY: A property which has passed on undivided up to four generations of male lineage is called ancestral property. The property should be four generations old.

The property inherited from the father, grandfather, or great grandfather becomes ancestral property.
The property received as a gift or through a will is not ancestral
Distribution of ancestral property of a father: In an ancestral property, all the sons have a right by birth, and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After the amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.

SELF ACQUIRED

Purchased with own resources
As a gift
Through a testamentary document, e.g. will
Received as a legal heir – i.e. share of ancestral property received after partition or share of any other property acquired as a legal heir.
Distribution of self-acquired property of a father: A father is within his rights to give the self-acquired -property to any child to the exclusion of other children or in whatever ratio he likes. He can pass the same by gift or by will.

Hope this helps

Regards