Transfer of property by gift deed
Can a mother, having five children, gift deed her property to a particular child without informing to the other children or getting consent of the other children? more
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Yes. Children can claim their share as a matter of right. They have claim in ancestral property due to birth in the family. Parents can not deny their right. more
Apr 11
If inherited or received from husband then all children have claim over it. Often aged mothers are in vulnerable situation since other children had to go afar for their jobs or careers and she is looked after by one due to administrative reasons and or a better personal equation with one daughter in law or such reasons. In that case her gift deed is due to coercion and not of free will. So it can be disputed. People are expected to look after their parents without expecting anything in return, however in a materialistic world this does not happen. more
Mar 08
The property is inherited and not self acquired. In this case, can the other children (all belonging to Hindu family and not minors) claim their rights ? more
Mar 08
Laws of inheritance vary from religion to religion. In case of Hindu Succession Act, if it is absolutely evidenced to be self-earned/acquired property, the property can be gifted to his/her children through a registered gift deed, in whatever manner/proportions he/she likes, with or even without the consent of his/her children. However, if the property is inherited or no evidence to prove to be self-acquired, the property can be distributed through a registered gift deed (probate), only in the proportions contemplated under the Hndu Succession Act n or with the mutual consent of all the legal heirs under the Hindu Succession Act. more
Mar 08
