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Mahipal Reddy Kallem   15 April 2018

Sale rights of gifted property

my Mather got 3acres agriculture land gifted by her father...now she want to give to me by gift and my Mother had two daughters... they are asking share but my mother Don't like to give because when the marriage time my father sold 5acres land and give money to them...
is my mother have right to give property by gift to me...please suggest me as a legal way I don't like to face the problems from my sister's in future
recently i approach a advocate who said this is not self acquired property of your mother.
she doesn't have right to sale or gift
your both sisters also eligible to get a share



Learning

 14 Replies

Mahipal Reddy Kallem   15 April 2018

difference between sale deed and gift deed....is both have equal powers

Kumar Doab (FIN)     15 April 2018

Which personal law applies in your case?

Or are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

 

The property is in which state?

The proeprty in the hands of your paternal  gandfather was self earned/acquired or ancestral?

Your paternal  gandfather has gifted below or equal to more than his clear share in property?

 

The said gift to your mother is by registered gift deed?

Your mother has updated in mutations records?

 

Confirm!

Mahipal Reddy Kallem   15 April 2018

this is ancestral property of my grand father...
this land completely agriculture land (village)
land had no building

Mahipal Reddy Kallem   15 April 2018

my mother got this land by registered gift

Mahipal Reddy Kallem   15 April 2018

we are hindus

Mahipal Reddy Kallem   15 April 2018

telangana state

Mahipal Reddy Kallem   15 April 2018

mutation completed and she had title deed,passbook,pachani,1b

Mahipal Reddy Kallem   15 April 2018

reply me sir

Kumar Doab (FIN)     15 April 2018

In case of ancestral property; If gift is made ( upto share of donor) to another Co-parcener then it may be valid... 

Obtain mutations records with all link docs and show these to a very able counsel fo unshakable repute and integrity specializing in civil matters well versed with LOCAL rules/codes/laws also and having successful track record...and worth his/her salt.....

Your counsel can render considered opinion if property in the hands of father (donor ) was ancetsral or not.

Parental property may not be neccessarily ancestarl...

Mahipal Reddy Kallem   15 April 2018

Is my mother have right to gift to me instead of my sisters

Kumar Doab (FIN)     15 April 2018

Ancestral Property; property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

In other words that is  four generation old.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 

The considered opinion can reveal the property is sef acquired or ancestarl...

Preferably ask for written opinion after due examination of docs and applicable laws in your state to such lands amongst your community and customs if any..

 

 

R.Ramachandran (Advocate)     16 April 2018

Dear Mr. Mahipal Reddy,

I hope you have got clear answers from the above replies!

PLEASE BE REST ASSURED THAT YOUR MOTHER IS THE ABSOLUTE OWNER OF THE PROPERTY IN QUESTION.  SHE CAN GIVE THE PROPERTY THROUGH A REGISTERED GIFT DEED IN YOUR FAVOUR.  THERE IS NO LEGAL DIFFICULTY.

YOUR LAWYER WHO SAID THAT SHE CANNOT GIVE IT AS A GIFT OR THAT YOUR SISTERS ARE ENTITLED FOR A SHARE IN THE PROPERTY IS TOTALLY WRONG.

GO AHEAD AND GET THE GIFT DEED FROM YOUR MOTHER AND GET IT REGISTERED.

 

Krishnapur Ananth Nagamani (Advocate)     20 April 2018

Under old Hindu law, as well as under Hindu Succession Act, 1956, your mother is absolute owner of the property gifted to her by her father and all incidents of absolute ownership under S. 30 of the said Act are available to her. She is therefore free to gift the property during her life time or make a testamentary will in your favor without any impediment in your favor exclusively or in favor of any other person.

In case of a testamentary will, there is possibility of a contest by other legal heirs as to her mental condition, duress, undue influence in making the will.

In case of making absolute gift in your favor in her lifetime, she has no power to revoke it and her own economic circumstances may be compromised at any stage. I would suggest that she make a conditional gift.

 

sree 9491505984 (Lawyer, Hyderabad)     05 October 2018

Donot worry... your mother has every right to gift that property to anybody..If she gifts that property on your name your sisters canot have right on them.


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