Can my father have right to make gift deed of property?
Shaktipal
(Querist) 11 June 2018
This query is : Resolved
Hello sir,
My father got farm of 4 acr from my grandfather after his death. This farm has self acquired property of my grandfather and my father has a live. So I would like to ask whether it is ancestral property or absolute property. Can my father make gift deed of such property to me?? my family include my father, me and five married sisters.Plesase give me suggestion.
Shakti Patil
Vijay Raj Mahajan
(Expert) 11 June 2018
The property inherited by your father was ancestral in nature where share of all other children including your sisters exists. These, your 5 sisters too have equal share in the ancestral property as you by virtue of amendment of 2005 in the Hindu Succession Act. Your father cannot make gift deed of the property which is ancestral in nature.
R.Ramachandran
(Expert) 11 June 2018
If the property was self-acquired property of your grand father (as stated by you), then the same is your father's personal property after the death of your grand father.
Being his personal property (not ancestral property), your father has every right to do whatever that he wants to do with his own property. Therefore, even if he gifts the property, it is his legal right. Nobody (i.e. his children or wife) can object to the actions of your father.
Shaktipal
(Querist) 11 June 2018
Thank u sir for your valuable suggestions. I want to ask Mr. R. Ramachandran sir that you are agree with Mr. Vijay Raj Mahajan sir s answer..??
Kumar Doab
(Expert) 11 June 2018
Dear LCI Querist @ Mr. Shakti Pal/Shakti Patil,
You have posted that;
“Hello sir, My father got farm of 4 acr from my grandfather after his death. This farm has self acquired property of my grandfather and my father has a live. So I would like to ask whether it is ancestral property or absolute property. Can my father make gift deed of such property to me?? my family include my father, me and five married sisters. Plesase give me suggestion. Shakti Patil”
Refer to following line in your query that is drafted as;’ This farm has self acquired property of my grandfather and my father has a live.’ …………………..
Probably from this one line in your message i.e. you mean that; the said property is self acquired property of your grandfather and your father is alive.
Isn't IT!
Kumar Doab
(Expert) 11 June 2018
If the property was self earned by your grandfather and thus termed self acquired by you (in the hands of your grandfather) and the said property devolved upon your father by inheritance then IT’s nature may be self acquired in the hands of your father.
Thus your father should be able to dispose IT in anyone’s favor say; you, by a valid/registered deed e.g; gift deed , and for doing so he may not need any consent of any one.
The gift of immovable property by donor (title holder) to donee by registered deed with stamp duty paid is valid…
The gift is complete the moment IT is made by donor and accepted by donee…
Kumar Doab
(Expert) 11 June 2018
If the property was self earned by your grandfather and thus termed self acquired by you (in the hands of your grandfather) and the said property devolved upon your father by inheritance then IT’s nature may be self acquired in the hands of your father.
Thus your father should be able to dispose IT in anyone’s favor say; you, by a valid/registered deed e.g; gift deed , and for doing so he may not need any consent of any one.
The gift of immovable property by donor (title holder) to donee by registered deed with stamp duty paid is valid…
The gift is complete the moment IT is made by donor and accepted by donee…
Kumar Doab
(Expert) 11 June 2018
However the legal heirs have the right to approach court ( on valid grounds that need to be established to the satisfaction of court) and if matter lands up in court of law the courts shall decide on merits, facts….of the matter……….say; donor appeared before registering authority and was of sound mental health, other legal heirs were aware of gift, mutations records were updated without any objection and property is being enjoyed all these years by done with full information of legal heirs ….etc etc
If possible then if all other legal heirs of your father agree to be (consenting) witness in say; gift deed…then IT is better.
Or if Gift deed is brought in the knowledge of other legal heirs under proper acknowledgment/evidence IT is better.
Or while mutations based on gift deed are updated and other legal heirs are informed on record then IT is better..
The lawyers approached by legal heirs at any time would tell the ways and strategies to agitate and attempt negotiation/settlement/.......
Therefore irrefutable record and evidences shall help..
If you wish and your father also agrees look at other perspectives as well e.g;
Settlement deed with life rights for said property..by your father in your favor..
Registered family settlement deed involving this and other estate/property (ies)/estates....vide which everyone gets something....
However the preservatives are entirely choice of title holder e.g; your father..
Kumar Doab
(Expert) 11 June 2018
While posting IT has been believed that all of you are Hindu.
Shaktipal
(Querist) 11 June 2018
Yes sir... One another doubt... Can my married sisters opposed to gift deed???
R.Ramachandran
(Expert) 11 June 2018
No. My answer is not in agreement with Mr. Vijay Raj Mahajan's answer.
According to me, your father has right to gift the property and nobody can object.
Kumar Doab
(Expert) 11 June 2018
Your married sisters have the right to approach court of law and such right cannot be infringed upon...
However the court shall decide as already explained above..
Shaktipal
(Querist) 11 June 2018
Thank u Mr. Ramachandran sir...In my case my father make gift deed to me. It is registered but on the time of ferfar my married sisters object to this gift deed... Can you please tell me my sister's has to right to object on this gift deed??
Guest
(Expert) 11 June 2018
Rightly Advised by Expert / Advocate Mr.Vijay Raj Mahajan
Guest
(Expert) 11 June 2018
If at all your Father had executed a Gift Deed it would be valid only to the level or limit of his own Rights in the Un divided shares.
Shaktipal
(Querist) 11 June 2018
Mr. Kumar Doab sir I couldn't understand your answer.. Please clear me that my father has right or not to make gift deed without consent of my sister.
Guest
(Expert) 11 June 2018
Read the Post of Expert/Advocate Mr.Vijay Raj Mahajan Once again. Please.
Kumar Doab
(Expert) 11 June 2018
There is nothing that cannot be understood.
Kumar Doab
(Expert) 11 June 2018
In your last post you have posted that;
"Thank u Mr. Ramachandran sir...In my case my father make gift deed to me. It is registered but on
the time of ferfar my married sisters object to this gift deed... Can you please tell me my sister's has
to right to object on this gift deed??"
You could have posted this fact in your 1st post itself.
While you confirm that you are all Hindu you may also confirm your father was the sole legal heir of your grandfather.
If there is any other fact that may also be posted.
Guest
(Expert) 11 June 2018
All the Heirs of your grand father would carry equal Rights
Kumar Doab
(Expert) 11 June 2018
You may also clarify what is this 'ferfar' and hence what exactly do you mean from 'at the time of ferfar'?
Shaktipal
(Querist) 11 June 2018
Yes sir we all are belong to hindu family
Shaktipal
(Querist) 11 June 2018
Ferfar means diversion. Preparing for 7/12 of gift deed to my name
K Rajasekharan
(Expert) 11 June 2018
The facts made out so far indicate that your father has absolute right to transfer the property to anyone under a gift deed and others have no much ground to successfully challenge the transfer in a court of law.
By no means, the property, as stated above, is ancestral in nature. The concept of ancestral property as expounded by the Supreme Court in a land mark case in 2016 stands quite different from the nature of this property.
Vijay Raj Mahajan
(Expert) 11 June 2018
The self acquired property of the grandfather after the birth of the third generation (you and your sisters) in the family had taken the nature of ancestral or coparcenary property, the Supreme Court had in its landmark judgement in Rohit Chauhan vs Surender Singh, it will be so in your case too that interest in the property of all the coparceners including the third generation namely yourself and your sisters cannot be ignored. Your father as one coparcener cannot make gift of the whole of the property in favour of you, another coparcener, ignoring the interest of your 5 sisters who too are 5 coparceners in the family.
Rest it's up to you people to settle this issue as family settlement where all 5 of your sisters relinquish their shares in the property in your favour or claim their share out of court or by going to court.
R.Ramachandran
(Expert) 11 June 2018
The fact situation in Rohit Chauhan vs. Surinder Singh is completely different than the present one. Therefore, the decision in Rohit Chauhan vs. Surinder Singh has no application to the present facts.
Vijay Raj Mahajan
(Expert) 11 June 2018
I talk of the law established by Supreme Court in Rohit Chauhan vs Surinder Singh case not its facts only. One should read the complete judgment word by word not only the facts.
Your sisters have already objected to the registration of gift deed as per your own statement, soon you'll be receiving court summon challenging the gift deed and seeking their share in the property, than keep on asking legal opinion here rather working out settlement with your sisters.
Shaktipal
(Querist) 11 June 2018
Mr. Vijay Raj Mahajan sir.. My grandfather has self acquired (self earned) agriculture land and he has only son so that after my grandfathers death this agriculture land passed to my father and he is a live. Then how this agriculture land come under ancestral property...??
R.Ramachandran
(Expert) 11 June 2018
My view is after going through letter by letter, word by word and sentence by sentence of the SC decision in Rohit Chauhan v. Surinder Singh.
SC has not laid down any new law. Rather it only applied the existing law to the facts of the case.
Guest
(Expert) 11 June 2018
If already inherited by your father as per law, he is the absolute owner of the property and has every right to dispose of his property in any manner he likes. His gift deed in that case cannot be challenged by your sisters.
Mr. Ramachandran is right in his opinion.
Kumar Doab
(Expert) 11 June 2018
You have posted in your last post that;
"Mr. Vijay Raj Mahajan sir.. My grandfather has self acquired (self earned) agriculture land and he
has only son so that after my grandfathers death this agriculture land passed to my father and he is
a live. Then how this agriculture land come under ancestral property...??
"
So the property is agricultural land, self earned thus self acquired and your father is sole legal heir ( ClassI) .......and has gifted as per his will and wish and gift deed is registered...
K Rajasekharan
(Expert) 11 June 2018
There is absolutely no doubt that Shri Ramachandran’s reply is the right one.
Kumar Doab
(Expert) 11 June 2018
You have confirmed that your father is alive and sisters (married) have objected during ferfer in other words during process of mutations.......or before revenue authorities...
And probably matter is not in civil courts...
Your sisters have right to contest, challenge and this right can not be infringed upon...
You and your sisters can defeat the challenge on facts and merits..... and not on emotional outbursts......
Update on what has transpired and decided finally..by the authorities and/or courts...
kavksatyanarayana
(Expert) 11 June 2018
I agree with the advise of expert mr.Vijaya Raj mahajan ji. (under Mitakshara, property inherited by a Hindu from his father,father's father, or father's father's father is ancestral property).
Ms.Usha Kapoor
(Expert) 12 June 2018
Since your paternal grand father acquired this property through self then your father also deemed to have acquired this as self acquired property. Y0ur father can do any thing with this property. So your father can transfer the -property BY WAY 0F GIFT DEED IN FAVOR OF YOU.
R.Ramachandran
(Expert) 12 June 2018
Mr.KAVKSatyanarayana:
You say: " (under Mitakshara, property inherited by a Hindu from his father,father's father, or father's father's father is ancestral property)."
You are making it over simplistic.
I give you the following situation. Please tell whether your above legal proposition will hold water.
Hindu Mitakshara law following family.
Mr. A, aged 60 years Self-Acquired a property in the year 2000.
Mr. A died in the year 2005 and his property was inherited by his only son Mr. B.
Mr. B died in the year 2010 leaving behind his wife, Son C and a daughter.
Mr. C died in the year 2015 leaving behind his wife, son D and daughter.
DO YOU MEAN TO SAY the property inherited by Mr. B, C and D one after the other, is Ancestral property? Is that your understanding?
Guest
(Expert) 12 June 2018
Once the property is received from a forefather during his life of a inherited even after death by any of the legal heirs in a lawful manner that does not remain to be considered as ancestral property. Moreover, property at the stage of grandfather does not fall within the category of ancestral property.
So, your grandfather's property after being inherited by your father after the death of your grandfather (his father) is not an ancestral property. You can't claim any share out of that land before the death of your father.
However, gift deed if made by your father will be quite legal.
R.Ramachandran
(Expert) 12 June 2018
Mr. KAVKSatyanarayana,
I respect your views and understanding, THOUGH THE SAME IS NOT AT ALL IN CONFORMITY WITH THE LEGAL PROVISIONS.
Shaktipal
(Querist) 12 June 2018
I agreed to Mr. Ramachandran sir, Mr. K Rajshekharan sir, Mr. Dhingra sir and Ms Usha mam's advice. Now I want to ask to Mr Vijay Raj Mahajan sir and Mr Kavksatyanarayna sir that Mr A has self acquired agriculture land. Mr A has Son B. After death of Mr A, his agriculture land passed to Mr B who is alive and Mr B has one son S and 5 daughters(married)D1-5. So the agriculture land in hand of Mr B who is alive has ancestral property or his personal(absolute property)property, please advise and explain how???? Anybody can advise so that it's clear that this property belongs to ancestral or absolute property.??
kavksatyanarayana
(Expert) 12 June 2018
Mr. Ramachandran ji, ok. I shall go through the legal provisions of the act.
R.Ramachandran
(Expert) 13 June 2018
Mr. Shaktipal, I had sent a Personal Message to you. You did not reply to the same so far.
Shaktipal
(Querist) 13 June 2018
My grandfather was expired on dated 14/02/1979.
Kumar Doab
(Expert) 15 June 2018
Same matter;
http://www.lawyersclubindia.com/experts/Can-HSA-amendment-2005-applicable-for-married-daughters-683926.asp
Kumar Doab
(Expert) 15 June 2018
If IT is same matter then you must have discussed with your own LOCAL senior counsels of unshakable repute and integrity specializing in succession/civil matters and well versed with latest citations, LOCAL –state applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and discussed the facts of the matter for a considered opinion.
You may also post what is the view of your own counsel that has seen the petition of married daughters and knows the facts and finer nuances……………………and how do you find the discussion in one thread different from what is being discussed than the view of your own counsel!
Ms.Usha Kapoor
(Expert) 05 July 2018
I stick TO MY VIEW AND ALSO THAT OF EXPERTS.
