He can execute gift deed in favour of your wife
Pay the stamp duty and registration charges
it would attract higher stamp duty as she is not biological or adopted daughter
Can father give property to step daughter
1. My wife father adopt my wife from birth . don't have any legal adopt certificate. but my wife name on ration card like documents, 2. wife father don't have any own son/daughter. 3. wife father has joint land property with his brother sons and brother wife . his brother died long ago, 4. so my father name on that property. and father want to give his property to my wife. is this possible? how?
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
It is very much possible. Your wife is adopted daughter and have all rights of natural daughter. Her father can execute a gift deed of property to her by registration. Gift to adopted daughter is valid transfer of property.
1. Let your wife's adopted father gift the property to your wife through a registered Gift Deed in the jurisdictional Sub-Registrar's Office.
2. Or else, let your wife's adopted father execute a WILL indicating your wife's name as beneficiary for the property. WILL takes effect after the death of your wife's adopted father.
Your father in law can very well transfer his share of property to your wife as her father, even though he is an adoptive father.
He can transfer the property to her name by executing a registered settlement deed.
Yes it's possible
Yes, your father may transfer his undivided share in the joint family property (held along with this deceased brother's wife and children) either by way of a gift deed during his lifetime or by a Will (which will take effect only after your father's lifetime) in favour of your wife. Absence of any legal document for adoption shall not disqualify your wife from inheritance by gift or Will.
Ancestral property unless partitioned cannot be given to adopted child.
G.RAJAGANAPATHY
High Court of Madras
Dear Sir,
1. If it is proved that your wife's Father allowed his name to be used as her father i.e; in the official documents etc. then she will be considered legally adopted. Under these circumstances, she will be entitled to claim the property of her adoptive parents.
2. The adopted child is entitled to inherit from her adoptive father and other lineal descendants, same as any biological heir.
3. To transfer such property to her adoptive daughter, her father can either file a partition suit and get his share and then transfer to his daughter, or else he can gift his share to his daughter, and later she can file a partition suit.
Thank You.
- If the said property is self acquired property of your father in law , then he can gift your wife legally after executing a registered gift deed.
- Since, he is the owner of the property , then he can transfer the said property to your wife legally.
1. the property was jointly held by the father, his brother, sons and brother's wife
2. you have informed that the brother has died
3. so what about the sons and brother's wife?
4. the father is not the exclusive owner of this property. He is a co-owner with his brother, sons and brother's wife
5. the father can register a gift deed of his share in the property in favour of the adopted daughter. the ration card can be attached to the gift deed to show the relationship of father and daughter
