Gift property

kodandaramaswamyreddy (Querist) 10 August 2013 This query is : Resolved
Relatives gifted some property 20 years back through registered will. Now he want to sell some property out of will and some portion of the propery to one of his son through gift deed, Daughters also demanding ,he doesnot want to give , I want to know daughters have got the right over the property or not

Follow Query

Report Abuse

Devajyoti Barman (Expert) 10 August 2013
Who gifted to whom and how?? clarify these points.

prabhakar singh (Expert) 10 August 2013
There is a lot of ambiguity of facts in your query without removal of them nothing can be opined.

"Relatives gifted some property 20 years back through registered will."

If it was a WILL deed by a relative who is still alive the existence of WILL has no bearing.

But incase it was a gift deed relative is none to property just from the date of gift.

The further query runs" Now he want to sell some property out of will and some portion of the property to one of his son through gift deed,"

THIS SUPPORTS My VIEW EXPRESSED AS"If it was a WILL deed by a relative who is still alive the existence of WILL has no bearing."

THEN QUESTION"Daughters also demanding ,he does not want to give ,"

Is dependant on fact what is the source to title of property.Is it his SELF ACQUIRED PROPERTY?If yes! he is enjoying sole discretion to give it to any body by sale or gift and can legally refuse to give it to daughters.

If it was a property acquired by his father,in whose lifetime his sons and daughters were born,and his father did not execute any gift or will in his favor,then if he is from mitakshara school of hindu law,his sons and daughters are coparceners
with equal shares along with him with right to demand partition of their share and same would be a definite situation if the property originally belonged to his grand father or their fore fathers.

UNDERSTAND ACCORDINGLY AS YOUR FACTS BE.

NEXT TIME DO NOT COME TO QUERY THINGS THE WAY PUT HERE.IT IS TORCHEROUS FOR US.

kodandaramaswamyreddy (Querist) 10 August 2013
Relative means his uncle, (father brother) has no issues , uncle expired first , after registration of the will, two years later aunty(uncle wife)she expired

prabhakar singh (Expert) 10 August 2013
Name you have of a meters length but when it comes to tell facts you tell them in centimeter length.

Look i am trying to frame your query "an issue less uncle made a registered will of his properties in favor of his nephew (brother's son) and died,his wife also died.The beneficiary of the will the nephew (brother's son)has sons as well as daughters,now wants to sale some portion and gift some portion to his son but does not want to give any thing to his daughters ,though they are demanding,can he fulfil his wish legally" ????????

IF THAT IS THE INTENTION OF QUERY THEN MY ANSWER IS IN AFFIRMATIVE.HE CAN SALE AS WELL AS GIFT TO HIS SON AND CAN LEGALLY REFUSE TO GIVE DAUGHTERS.HE IN FACT CAN DO WHATSOEVER HE LIKES.