Property gifted to Daughter
jyoti
(Querist) 20 July 2011
This query is : Resolved
Sir,
My father has recently executed and registered land property in kerala state as a gift in my favour.The said property belonged to my grandfather, which was divided between my fathers and his brothers after my grandfathers death,as per the 'Will' left by my grandfather.The property share belonging to my father was subsequently registered by my father in his name and now gifted to me after my marriage.I would like to know
1) Can my father claim back the property from me in future .
2) Does my fathers gifting this land to me require my only brothers consent(To avoid any legal hurdels in future)
3)What is the further process for me to accept this gifted property or does the registration suffice all the requirements.
4) Will my husband be entitled to claim in this property in case of any untoward incident happen to me.
Thanking you
Jyoti
R.Ramachandran
(Expert) 20 July 2011
Since the property was received by your father from his father through a WILL, it will be his personal property (unless there is something in the WILL according to which the property has to be treated as ancestral).
If your father had gifted this property to you through Registered Gift Deed, then the property is yours and your father cannot take it back. Your husband cannot claim any share in the property. Your brother(s) also cannot challenge the same.
prabhakar singh
(Expert) 20 July 2011
1) Can my father claim back the property from me in future .
NO
2) Does my fathers gifting this land to me require my only brothers consent(To avoid any legal hurdels in future)
NOT LEGALLY BUT HIS SIGNATURE ON GIFT DEED AS WITNESS WILL BUY PEACE FOR YOU.
3)What is the further process for me to accept this gifted property or does the registration suffice all the requirements.
GIFT DEED EXECUTION AND ACCEPTANCE ON YOUR PART AND REGISTRATION OF DEED AND DELIVERY OF POSSESSION MAKES IT COMPLETE.
4) Will my husband be entitled to claim in this property in case of any untoward incident happen to me.
HE CAN CLAIM ONLY AS YOUR HEIR AFTER YOU.
jyoti
(Querist) 20 July 2011
Thank you Sir for your reply.Would like to know what does 'ACCEPTANCE ON MY PART' AND 'DELIVERY OF POSSESSION 'actually mean.Do I need to seperately need to make an agreement. I was informed by the Registrar during the registration, that since all the Tax on the Land was already paid by my father( before registering in my name), I can start paying tax from next year only. Does this weaken my stance on actual possession?
Thanks
Jyoti
