Jeevan (Finance) 12 October 2016
Can a father gift his own property to his relative (say nephew) leaving aside his own kids?
This is an urgent situation for someone close to me. They are brother and sister and their father wants to gift his property to his nephew and not leaving anything for the kids.
According to their lawyer, since it's not an inherited property, father can gift it to whoever he wants.
Any remedy?
Thanks in advance.
Kumar Doab (FIN) 12 October 2016
It is believed that they are Hindu. Confirm!
Inherited property may not be necessarily ancestral.
If property is not ancestral and is self acquired, then owner can dipsose it in anyone's favor in his life time, by a valid deed.
Kids can claim maintainance, if eligible.
Jeevan (Finance) 12 October 2016
Thank you sir.
No, they are muslim. Does it make difference since the muslim person laws are almost dissolved?
Can you please elaborate on "Kids can claim maintainance, if eligible"
Thajks
Kumar Doab (FIN) 12 October 2016
Check the rules that are applicable to gift by muslims as per the sect/sub-sect they follow e.g; Shia/Sunni.
There might be a condition of limit of max. 1/3rd that can be gifted.
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