1) your grand mother can gift her share in property to your uncle if she so desires .
2) gift deed has to be executed by her . it should be duly stamped and registered
Can grandmother gift property in favor of a son
My grandmother obtained her share(1/3rd each to my father, his brother and grandmother) in ancestral property after grandfathers death. Now she wants to gift her share in favor of my fathers brother. The case starts with,after my grandfather's death, my fathers brother (Elder) asking for greater share in the name of 'jestabhagam'( Some irrational age old Hindu custom). So my father has filed a case in the court asking for equal distribution of ancestral property. Court then ordered to divide the property into 3 equal parts( Father, his brother and grandmother). But grandmother in favoritism towards my father's brother wants to gift her share to him. Is that legally valid to gift ancestral property upon her whims and fancies? Thanks & Regards for help Rajeev IIT Bombay
Asked 10 years ago in Property Law
12 Answers
Hi, form your narration your grand mother is willing to gift her property of her share she can gift her property of her share and it is legally valid in accordance with law.
Once your grandmother's share ids determined then she is free to deal with her share the way she wants. She can gift her share to your uncle.
Your grandmother share clinched by the court, hence she can gift the property to anybody by registering with out consideration amount.
Since your grand mother culled out her share in the property after the court ordered a division thereof on the lawsuit filed by your father she has every right to lawfully gift her share to your father's brother or any one else.
No illegality can be attached to the gift made by your grand mother as she had every right to make a gift on her whims and fancies. The gift is complete if stamp duty has been paid. Accept the gift. If you go to court your case will have no legs to stand on.
1. Your grandmother can gift her share of the property to anybody she wants to,
2. Your father or anybody else can not legally agitate for her gifting the same as per her wish.
Thanks for the responses. The property in question is not an earned property by my grandfather, but its an ancestral property. So how does she has right to sell or gift the property? According to my research, I found out that one cannot sell or gift the ancestral property without the consent of children. Am I missing something? Can I do something at this stage to push for equable distribution of the property? My father's brother has taken my grandmother to his home and she is currently cut of from society. When ever we try to contact her we are being abused ruthlessly. Any leads to follow?
Asked 10 years ago
1. When your grandmother received her share of the ancestral property, the said share of the property became became her property,
2. So, she can gift it to anybody she wants to.
Through inheritance your grand mother got her 1/3 rd share in ancestral property and thereby became an Absolute Owner of her share. It is left to her wish & will to gift the property to anybody, including your father & his brother. No body can stop or force a person who wants to gift his or her property to the person of his/her choice. Selection of beneficiart to receive the property in terms of gift deed is entirely left to your grand mother's decision.
1) it is your own case that as per court orders 1/3rd of share in property belongs to grand mother 1/3rd of your father and 1/3rd of your uncle .
2) your grand mother is absolute owner of her share of property .
3) she can gift her share to your uncle by gift deed executed by her in favour of your uncle if she so desires .
1) your grand mother must be staying with her son at her own will .
2) if your father is denied access to meet his mother he can lodge police complaint against his own brother that his mother is being held captive against her own wishes . your grand mother statement would be recorded by the police . if she affirms that she is staying as per her own free will then you can do nothing in the case
1. As per the facts furnished by you the ancestral property was divided on court orders after your father applied to the court for division. Once the division was made and your grand mother culled out her share she had every right to sell or gift her share therein. You cannot question her right of inequal distribution in any court.
2. If your grand mother has out of her own free will decided to live with your uncle then neither you nor your father can file a police complaint. If, however, some amount of duress is involved then a police complaint may be filed.
A. Once she gets the right by way of partition which is clinched by the court that shall be deems that she is entitled to transfer her portion share to anybody by way of Gift or Sale etc.
B. Kindly arrange conciliation or settlement meeting between your family members with respect to the same.