LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jagjit Singh   01 October 2020

gift deed during partition suit

my father in law has 1/3 rd share by intestate succession of late wife,who died 40 years ago,he married twice and I am his son.step sister has filed partition suit,now my father is willing to gift me his 1/3 share.can he execute gift of his 1/3 share during suit process?will it be legal


Learning

 3 Replies

Isaac Gabriel (Advocate)     01 October 2020

Barring the suit property he is at liberty to gift his portion of land without affecting other's right.

Dr J C Vashista (Advocate)     02 October 2020

Share of your father in-law is under dispute / litigation / undecided, hence it would be illegal to execute a gift deed qua his share.

You / he will have to wait for the outcome of lis.

Otherwise, what is the opinion and advise of the lawyer engaged by your father in-law who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy your queries/ questions?

However, if you / your father in-law is not satisfied with his/ her (lawyer's) guidance it would be appropriate to seek service of another local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceedings

P. Venu (Advocate)     02 October 2020

Facts posted are confused. Is it father or father-in-law? Did the property belong to your late mother? How it it that there are three shares? Please post simple facts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register