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Chandan Tyagi (Advocate )     14 October 2024

Can we re-gift the gifted property again?

Respected seniors,

I have 1 doubt.

"A" (big brother) gifted his ancestral property to "B" (his real younger brother).

Now "B" gifted the property to his wife which he got from "A" via gift deed.

Doubts -
1. can B gift the gifted property to his wife

2. Is there any cooling period (no. years) that we can't gift the gifted property and after that cooling period we can gift that property.

3. if there is any cooling period provision, what will be the consequences (penaly/jail) if any.


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     14 October 2024

If B received  the property through registered giftdeed then the property will be considered  his self acquired property and B has every right to transfer the said property by gift,sale or bequeath to anyone. 

T. Kalaiselvan, Advocate (Advocate)     14 October 2024

Yes, B can transfer the property which he acquired by a registered gift deed to anyone including his wife because on acuqisition of this property he becomes an absolute owner of the property 

P. Venu (Advocate)     14 October 2024

What is the relevance of "cooling period"? Please post the relevant facts.

Chandan Tyagi (Advocate )     15 October 2024

with cooling period, I mean gifted property cant be again gifted ahead and we have to wait for certain years before transferring.

P. Venu (Advocate)     15 October 2024

Your clarification suggests deeper issues. Please post complete facts.


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