Umaharish 21 June 2023

Legal status of property gifted by father to daughter.

Hi All,

I have below query, kindly clarify.

Brief Background.

Father gifted his self acquired property to his daughter (after daughter's marriage) (one of out of 5 siblings). Now the Daughter is aged and having 1 Son and 2 daughters. Due to some family dispute she wants to dispose the property and share the proceeds among her children. However, prospective buyers are insisting for signature of all family members including signature of the daughter in law as consenting witness, for which the said daughter in law is demanding huge sum of money. All are Hindus

Questions are

1. Whether the property received by the lady by way of gift from her father is treated as ancestral property, and all children get the rights on the said property.

2. Is the property considered as Streedhan and gets absolute right over the property and she can alienate the property without getting any consent from any of her children?

3. Whether buyers of the property are right in asking signature from all family members as consenting witness to the deal

Thanks in advance for the answers

Reply Follow

5 Replies

T. Kalaiselvan, Advocate (Advocate) 21 June 2023

1. No, she becomes the absolute owner of the property and she can disopose the same in the manner she may feel so, she need not obtain any consent or signature from anyone in the world to sell her own and absolute property which she got it as gift from her father.

2. Your understanding is right, she becomes an absolute owner of this property.

3. No, their demand is illegal and unlawful, she can refuse to sell the property or oblige to their demands.

She can look for some other prospective buyer.

Advocate Bhartesh goyal (advocate) 21 June 2023

Yes , if your sister had received the property by registered gift deed then the property will be treated her self acquired property and your sister will be absolute owner of property. She can transfer the property ss per her wish and need not to get signature or consent of her children..Buyer demand regarding children's signature on sale deed is illegal and wrong.

Shashi Dhara 22 June 2023

As she is absolute owner she has right to dispose it as per her wishes ,no one has right to object it ,buyers demand is illegal .

P. Venu (Advocate) 22 June 2023

Yes, the daughter is the absolute owner of the property. She can dispose of the property at her discretion. Neither the children or anyone else have any claim or rigt over the property during her lifetime.