We are Sunni hanafi family...
My grandmother has 2 sons A and B..She is inheriting property from
her mother in a partition suit filed by here mother,which is still pending in Final decree proceedings in which her mother is entitled for 1/10th share.
My grand mother is entiled for 1/3 rd share in the 1/10th share of her
mother, She wants to gift 1/6 th of her 1/3 rd share to orphaned grandchildren throguh gift deed.
Question: My father has expired, My grand mother wants to Gift 1/6th
share out of her 1/3rd to me and my sister.. As per Sunni hanafi law an
undivided share(MUSHA) can be gifted, I prepared a gift deed and went to sub-registrar mentionioning all all the decree shchedule properties in the gift deed and saying that my grandmother's mother is entiled for 1/10th share as per preliminary decree in the pending suit and now my grand mother is gifting share out of her 1/3 rd share to us.
But the subregistrar says all the gift deed properties must me in name of my grandmother, proof which has to be given, then only the Gift deed can be registered as per registration and stamps act, or else it cannot be, I explianed it is only the amount of share is gifted in properties we are not taking physical possession now.. If that is the case,
Thanks
Ali
