Can a joint family property can be gifted without partition?
Guest
(Querist) 11 August 2015
This query is : Resolved
Dear Experts,
Good Morning,
I have query with respect to gift deed.
My Grand father (Mother's father) has 5 children and my mother is the youngest of all. My grand father died intestate. My grand father has earned lot of property. This property is in the status of Joint Family Property. Recently we came to know that my mother has gifted her share to her brother's son by executing a registered gift deed but it is of a forged document since my mother signatures and signature on the gift deed were not tallying.
And till date the said joint family property has never been partitioned nor there was any family agreement and and the shares of these people have never been defined by any competent court or any document.
my query is that..
Is it possible in law that one person without knowing his share can gift the property to other, i.e., can my mother gift the property the boundaries of which are not defined? and gift the property which not subjected for partitioned?
What can be the relief in this regard?
It will be thank full if my query is resolved.
Regards
Neeharika
Guest
(Expert) 11 August 2015
The Joint Nature of Property is No Bar to Selling/Gifting Un Divided Individual Shares.
Guest
(Querist) 11 August 2015
but her share in the property is not yet defined. there was no partition. Without knowing her share in the property how can she gift the property. Though she may be a legal heir but her share in the property is not yet defined there 4 more sibbilings behind her. There is No property registered or mutated in her name.
Guest
(Querist) 11 August 2015
But her share in the property is not yet defined. there was no partition. Without knowing her share in the property how can she gift the property. Though she may be a legal heir but her share in the property is not yet defined there 4 more sibbilings behind her. There is No property registered or mutated in her name. How she can just gift the property without knowing the boundaries of the property which she has gifted. She has gifted a FUTURE PROPERTY
Guest
(Expert) 11 August 2015
As per your Statement She is a Share holder with Legal Rights in the Un Divided Property and She had gifted her share and the Gifted person would be Replacing her in Every aspect Legally.
Guest
(Expert) 11 August 2015
Ms. Neeharika,
When, as per your profile, you have claimed to be a legal executive, I hope you would also have gone through the property and succession laws. So, it would have been better had you also expressed your own opinion before asking your ACADEMIC QUESTION and would have asked for the opinion of the experts, whether your perception is correct or incorrect.
But, if you have tried to ask your academic question just to solve your academic requirement, you should not have expected the experts to hold tutorials to provide answers to the academic questions.
By the way, I ask you a question (yourself Being a legal executive), in what capacity and under which provisions of the law you expect any relief, irrespective of the share of your mother defined or not or whether there was no partition of the joint property?
Guest
(Querist) 11 August 2015
Mr. P S Dhingra,
Hope you have idea about section 124 of TP act, where it says Future property cannot be gifted.
And for your KIND INFORMATION THIS IS NOT AN ACADEMIC QUESTION Please do bare in mind this my personal query. I might me a legal executive but that does not bare me to ask a question. I am of the opinion that the property is a future property since there is no boundaries a\or partitioned and there is no guarantee that she gets the same share in her name which is stated in the Gift Deed.
My humble request is that if you wanted to answer a query just do it or else donot. But it does not matter what my profile speaks. I just submitted a query as there are more experts and experienced hope you under stand
Guest
(Expert) 11 August 2015
Ms. Neeharika,
I have the idea, but only you have the simple need to re-read and re-interpret rightly the provisions of sec.124.
You have also not replied my query, "in what capacity and under which provisions of the law you expect any relief, irrespective of the share of your mother defined or not or whether there was no partition of the joint property?"
Still further, your leggal knowledge further becomes at stake, when you say, "there is no guarantee that she gets the same share in her name which is stated in the Gift Deed." How you can say she gets or not the same share, when you have not made any mention that how much share of thje property, she has gifted? You have simply stated, "my mother has gifted HER SHARE to her brother's son."
For me, the query is purely an academic query, as the matter does not relate your own legal claim for the present and more so, when your mother has no problem with her transaction. You can't claim any share out of your mother's share in the so called property in the present scenario.
Rajendra K Goyal
(Expert) 11 August 2015
After death of father, daughter has share in the property and the share may or may not be partitioned / separated she can gift her share.
Guest
(Querist) 11 August 2015
Mr. P S Dhingra,
If your are free kindly refer to the below case no. and you will know whther it is an academic query or not.
OS 106/2003 in lower court.
Appeal Suit in High Court 823/2011.
Its my fault to put a question in this Expert panel
Guest
(Expert) 11 August 2015
Ms Neeharika,
Nice effort to distract from the main issue!
Please clarify if the case under reference has been filed by you or your mother? If so, what is the judgment in the lower court and the present status of the case in the HC?
Also give proper link to the stated cases. Otherwise there is no use to waste my precious time in searching and referring any such case aimlessly througout Indian courts and that too without any remuneration.
However, a pertinent question arises out of the referenced cases, do you believe that there is only a single lower court or HC in the whole of India, when you have not named any specific court in any of the cities or states of India?
Further, you have not mentioned what is your opinion about section 124, if you have re-read and re-interpreted the said section?
Kumar Doab
(Expert) 11 August 2015
Ms Neeharika has deleted her profile.
Now the profile is Member (Account Deleted)hence no reply.
Moreover experts have already illustrated.
Guest
(Expert) 11 August 2015
So, she has utterly failed to prove even a bit of her claim to be genuine!
Kumar Doab
(Expert) 11 August 2015
Another query by Member (Account Deleted) at:
http://www.lawyersclubindia.com/experts/Joining-client-directly-or-indirectly-company-threating-to-file-case-553351.asp#.Vcoa-7V-jMo
