Gift deed jointly to 2 donees
2 years ago
Hello. A has a self acquired sole property (Land and house). A wants to transfer property to his son and daughter in law jointly.
1. Is it possible to transfer to son and daughter in law jointly.
2. What will be the share of each? What happens to property rights if any one or both dies?
A.Dear client,
A gift deed jointly to two donees is legally valid and the shares of each donee will be as prescribed in the gift deed. Firstly, if any one of the donees dies before the gift is complete the other donee shall acquire the whole property. secondly, If the donee dies after the gift is complete then their respective shares shall be distributed among the legal heirs of the donees as per the Indian Succession Act, 1956 or the relevant laws.
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A gift deed jointly to two donees is legally valid and the shares of each donee will be as prescribed in the gift deed. Firstly, if any one of the donees dies before the gift is complete the other donee shall acquire the whole property. secondly, If the donee dies after the gift is complete then their respective shares shall be distributed among the legal heirs of the donees as per the Indian Succession Act, 1956 or the relevant laws.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.1)It is possible to transfer that property in registered manner in joint names of son and daughter in law.
2)After that registered gift, son's share will be undivided half and daughter in law's will get undivided half share.
Thereafter if the son will die without making and publishing any Will, then his undivided half share will devolve upon his mother( if alive then), wife and child/ children.
Thereafter if the daughter in law will die without making and publishing any Will, then her undivided half share will devolve upon her husband and child/ children.
2)After that registered gift, son's share will be undivided half and daughter in law's will get undivided half share.
Thereafter if the son will die without making and publishing any Will, then his undivided half share will devolve upon his mother( if alive then), wife and child/ children.
Thereafter if the daughter in law will die without making and publishing any Will, then her undivided half share will devolve upon her husband and child/ children.
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