Can deceased son's share of property be claimed by mother who had gifted the same to him
K.K.Ganguly
(Querist) 13 August 2012
This query is : Resolved
Would the Ld. Experts kindly opine on the following:
1) Widow mother had 4 sons named ‘A’,’B’,’C’ & ‘D’. She gifted her self earned property of a piece of land to her son A duly mentioning in the gift deed that she will never claim the property & her other sons will not have any claim on the said landed property. After some time ‘A’ died leaving behind his wife & daughter. A’s mother was still alive when ‘A’ had died and had died after the death of ‘A’.
2) ‘A’s wife & daughter, being heirs of ‘A’s landed property, entered in to a Joint Venture Agreement with a builder for construction of flats on the said landed property owned by ‘A’ being gifted by his mother.
3) Now, the brothers of ‘A’ are claiming that after the death of A, his mother had acquired 1/3rd share on the landed property of ‘A’ alongwith A’s wife & daughter and after the death of A’s mother, her share of A’s property will also be shared by A’s remaining three brothers.
My question is.
When A’s mother has already gifted the landed property duly mentioning that she will never claim the same & her other sons will not have any claim on it, will the same mother of ‘A’ be entitled to her share of the same property which she had gifted to ‘A’ and subsequently will the other brothers of ‘A’ be entitled to claim their share on their mother’s share of A’s said landed property? Any decision in this regard?
A V Vishal
(Expert) 14 August 2012
Legally yes she has 1/3 share.
BHANU RASPUTRA
(Expert) 14 August 2012
whether gift deed is registered? if yea , then son wife and childern get share and if they are not there , then 2nd level family get the share
Hemant Agarwal
(Expert) 15 August 2012
MY PERCEPTIONS in the matter of the querist:
1. A Gift, once made and executed (possession parted) cannot be rescinded under any circumstances, as decided by the SC (Ashokan vs. Lakshmikutty on 14-12-2007).
Once a Gift is executed successfully, the immovable property, by legal default, loses all its own right for and on behalf of all the other claimants (class - II), meaning that the Gifted property does not have any further "other claimants" / Legal heirs (e.g. say gifted to a Charitable Trust .... ). GIFTED PROPERTY CANNOT HAVE "INHERITANCE" claim/rights component, for other inheirters / claimants, since such inheritance rights are extinguished, by legal default.
2. In the matter instant (by the queriest), the mother has Gifted the property to her Son and hence cannot be rescinded, by other claimants, under which-so-ever-circumstances. In the absence of any Will by the deceased, by legal default, NOW only the Wife + Daughter of the deceased have 100% undivided rights over the gifted-property of the deceased, to the exclusion of all other claimants, who-so-ever.
3. The said property is not ancestral property nor self-acquired property by the deceased son. Hence by this logic the other claimants (class-II) have no rights what-so-ever to claim any rights over the property of the deceased, by the bothers (class-II) of the deceased.
4. However, by legal default, the Gifted property's "title-rights-ownership" shall remain intact / transferrable in the hands of the first legitimate family of the Gift-Receiver (deceased), in the absence of any will / nomination / other documents, DUE to the continuity of the Gift (non-rescindable), to the family of the Gift-Receiver, wherein the Gift-Receiver's family is one unit, with the exclusion of all other claimants / legal heirs (class-II)
Keep Smiling .... Hemant Agarwal
