• Is gift deed possible between Bua and nephew?

Property made in 1959 in Kolkata. Title Deed had A (HR), B (Mrs. HR), C ( eldest son of HR), D (middle son of HR), E ( youngest son of HR). The title deed mentions that the property is purchased by equal contribution from their own personal funds. 
B and A passed away respectively in 1972 and 1973 without any will. 
B and A also have a married daughter E
C and D relocated to Canada in last 1950s and early 60s and have never returned since. Also they have now passed away.
E stayed back in Kolkata and has since lived in the property with his family. Now E has also passed away. 
Question
1) Does E, the daughter of A and B, has a share in the property and how much?
2) Can E gift her share to E's son?
Asked 8 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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16 Answers

1.F has share only from her parents i.e. 1/25th each frpm mother and father respectively.

2.Yes, F can gift her sahre to E'son.There is no legal impediment.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

on demise of A and B the 3 sons and daughter have one fourth share in property

2) daughter can gift her one fourth share in property to her son/ nephew

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

F has one fourth share in property

F can gift her share to E son by gift deed duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As per Hindu succession act the property equally distributed among legal heirs of deceased persons’.F has 1/4 share in property of B and A .She can gift her share to E son by gift deed .

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

The daughter (F)has the 25approx percent share as there were 3 siblings ( c, d , f,e) .. The daughter( F)can gift/ transfer her share to her son/ daughter .. She is a legal heir to the property and has equal share as the son of A and B

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

F has one fourth (1/4) share in the property.

She may will her 1/4 share in favour of E's son.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. F being the daughter of B & A has equal share on the said property along with other legal heirs. Ordinarily, F is entitled to 1/3rd share of the property of the deceased B & A and also her 1/5th share of the entire property. However, if there is no claimant of the shares of late C & D and also if they are not traceable for more that 7 years or if they have no legal heirs or if their legal heirs relinquish their claims on their father's share of the property, then E can claim equal share of the entire property along with E being the youngest son of B & A..

2. F can very well gift her said share of the property to anybody including E's son.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. F being the daughter of B and A has equal share on the said property along with other legal heirs. Ordinarily, F is entitled to 1/3rd share of the property of the deceased B & A and also her 1/5th share of the entire property. However, if there is no claimant of the shares of late C & D and also if they are not traceable for more that 7 years or if they have no legal heirs or if their legal heirs relinquish their claims on their father's share of the property, then E can claim equal share of the entire property along with E being the youngest son of B & A..

2. F can very well gift her said share of the property to anybody including E's son.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

it is not ancestral property . if it was ancestral property daughter would not have any share if father was not alive in 2005

2) you are correct F would not have 25 per cent share

3)she can get 25 per cent of A and B share

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This is efl acquired proeprty and in self acquired this ASct ha s no application

Moreover if the parties are Bengali then this concept of ancestral or self acquired property is not applied.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Title Deed had A (HR), B (Mrs. HR), C ( eldest son of HR), D (middle son of HR), E ( youngest son of HR).The title deed mentions that the property is purchased by equal contribution from their own personal funds.

Is the property is in the joint name of A to E ? or A and B ?

If the property is in the joint name of A and B then F has 1/4 th share in whole property.

If the property is in the joint name of A to E then F has 1/4 th share in the property of B and A (B has 1/5 share in total area and A also has the same share )

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.

Your property does not comes under Ancestral property.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. There was a confusion about E and F. If the property was not purchased in the name of F jointly with A. B, C, D & E, then F will get 25% share of A & B's share of then property only.

2. That Judgement about HSA is in connection with ancestral property and not for paternal property.

3. Her parents share of the property does not fall under ancestral property but self acquired property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The daughter E has a right to 1/4th share in A&B's property.

There is no legal impediment in E gifting her share of property to E's son

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

B and A have a married daughter as F and not E

Question to be read as

1) Does F, the daughter of B and A, have a share in the property and how much?

2) Can F gift her share to E's son?

1)F being the daughter A and B, she is a legal heir of her parents along with her three brothers. Therefore she has 1/4 share to her entitlement out of her parents property.

2) F can gift her share of property to E's son, there is no legal impediment

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

How can F have 25% share? She can only get 25% of A's share and 25% of B's share. That makes it 10% of the total property!!

Since A and B are husband and wife, the legal heirs are common to them and after their intestate death, their shares of property shall be shared equally by all their 4 children, that way F is entitled to 1/4th share out of their share in the property.

To be precise, this property belonged to five people, now other than there three children who are the original co-owners, the share of property that belonged to A and B would constitute to 40%, in that case F will get 1/4th share which can be considered as 10% of the whole property, as per your understanding.

Also what about HSA 2005 where it says that father has to be alive on Dec 20,2004 for the daughter to have any kind of share? in this case, father A was not alive as on Dec 20,2004

This provision of law shall be applicable only when the question of intestate succession of ancestral properties will arise and it is not applicable to the present prevailing circumstances referred by you.

Is this ancestral property or self acquired since in the title deed, it clearly says that the property is purchased by equal contribution from all their funds.

It is the self acquired property of all the 5 owners.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As per the law of succession F has 1/4th share in the property and she can gift her share to E son by a duly registered gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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