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Gift of immovable property

Kumar Sushank (General Manager - Finance) (1040 Points)

14 September 2019

If a land purchase by government employee income, but in the name of his wife (she has no income) and construct a house then can she gift this property to her daughter in law. However she has two daughters and two son. Property was purchase in 1960 & now both son and his family are staying from many years in the house. Parents are not alive now. What is the legality in this case, can gift will break or what?

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3 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177818 Points)
Replied 14 September 2019

What can I interpret from the data is a lady wishes to gift her house property (constructed or financed by her late husband) to one of her DIL.

Whether other heirs can object to the gift deed?

If true....

Answer is YES... objection can be raised at anytime, and depending upon the evidences submitted by either party, the judgement can be on either side.

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Kumar Sushank (General Manager - Finance) (1040 Points)
Replied 15 September 2019

Is it to be treat as ancestral property because source of income was father's income. However, It is also interpret that gift deed was made by forcefully. Because after gift deed seven years has been crossed but both son are using almost equal part of that property.

1. Is this gift can be legal?

2. Is it ancestral property?

3. If any tenant is staying more than 12 years then he can claim on property, as per verdict.

Here, both are son & staying on equal parts of that property from several years.

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177818 Points)
Replied 15 September 2019

1. Gift can be legal, provided ownership be legal. The question is whether the lady is lawful owner of the property?

2. Prima facie, it looks like that, but the late husband might have made any document in favour of his wife!!! That is what the picture is not clear at present.

3. There is no legal tenancy right offered. Family members can stay together for years without obtaining any rights in it. Legal owner can file suit for their unlawful trespass.