Query on gift deed rights on an acquired property
2 years ago
My late mother had full ownership rights on our property which was built by my father.
After mother passed away, the property was divided into 3 portions between my dad, myself and my sister. I am married and I have a single child.
My queries:
a) Can I gift deed my "acquired" portion of the property in the name of my child? If yes, do I have to take approval from my father or my sister before doing so?
b) Do I or my sister will have heir rights on the portion of our father?
c) If no to (b), can he gift his "acquired" portion to anyone (my wife or my child) without any consent of me or my sister?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
b) No, father can do whatever with it. In case of his demise without WILL, then you and sister will get rights.
c) he can gift his "acquired" portion to anyone (you wife or your child) without any consent of anyone on this earth.
If the property is undivided even then you can gift deed your share to your single child but possession will take place only when the division takes place. If the property is already divided then no permission is required to gift deed. Since you and your sister belong to Class I heirs therefore you will have heir rights on your father's portion. He cannot sell it without your consent.
If you found my answer helpful then kindly rate me.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the property already stands divided between you, your father, and sister, then you don't need their permission to gift deed property to your child. You and your sister have heir rights on the portion of your father's property since you are Class I heirs and he cannot sell it without your consent.
If you found my answer helpful, then kindly rate me.
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