Can a parent gift her/his own property to one child when other 3 children are alive?

pothaman (Querist) 16 June 2012 This query is : Resolved
Can a parent gift their own house and property to their one son when they have other 3 children alive? If the gift has already taken place, whether this deal is valid and holds good in the eyes of law? Can other children has any stake in the property before their parent's death and after to claim the share of the property? Since the property has already been registered, other 3 children can claim their own share and stake in the property? Kindly reply.

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Devajyoti Barman (Expert) 17 June 2012
The house is the self acquired property of the parent then he can gift it to any person he chooses and the deprived legal heirs absolutely have no say in it.

Other 3 children can do nothing.

Guest (Expert) 17 June 2012
Self acquired property can be gifted to any legal heir to the exclusion of all other legal heirs.

MohammedRaffiq Bijapur (Expert) 17 June 2012
Yes, father has absolute right of disposition of his self acquired property to which no exceptions can be taken by his male descendents.

Guest (Expert) 17 June 2012
Dear Pothaman,

What to say of gift by father to one son leaving 3 other sons, he can gift his property even to a person who is not his family member. In this case, none of the other children can claim even an inch of the property from the son whom the father gifted that.

ajay sethi (Expert) 17 June 2012
agree with experts

pothaman (Querist) 17 June 2012
Thank you folks for your valuable replies.

Guest (Expert) 17 June 2012
You are welcome Pothaman.

Devajyoti Barman (Expert) 17 June 2012
If the property is self acquired property of the parent then he can gift it to any person he chooses. His legal heirs have no say in it.

V.Mahadevan (Expert) 17 June 2012
Generally the answer is in the affirmative. Hope and trust that the aggrieved children do not set up a case of undue influence against the parent either now or even later. Registration is not fail-safe mechanism.
mahadevan

Shonee Kapoor (Expert) 18 June 2012
Yes,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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