Hello,
Once the gift deed is executed and she gets the title she has the absolute liberty to use the land in any manner whatsoever, there is no legal impediment in the same.
Regards
Daughter and mother partitioned a converted land which was gifted by his father
The residential converted land about 0.14 guntas has gifted to his daughter, in the year 2014. the daughter paid the necessary tax to BBMP and obtained the record in her name and bifurcated in to 18 plots, later in the year 2015 she had entered in to a registered partition deed and given some scheduled of the property. my question here is whether gifted property can be made as partition deed with her mother is it OK. after having absolute ownership the daughter got full right, whether this kind of titles are proper in law. kindly give your valuable suggestions. regards. Venu Saragur
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
You are suggested to provide the complete facts
Once gift deed is executed duly stamped and registered daughter is absolute owner of property
2) she can execute partition deed for the property
The donee can always make partition of the property or alienate it in any other manner. There are no fetters on his right to do so. This does not suffer from any legal infirmity.
Yes. Property was gifted to a by way of gift deed she has complete right to dispose of the property in any manner she wishes. So, the partition is completely valid.
Dear Client,
Partition executes between joint owners, here daughter is absolute owner, she have to execute GIFT deed or settlement deed.
Once a property has been transferred to the other person by the owner by executing a registered gift deed, then the donor relinquishes his/her rights in the property so transferred.
Thereupon the donee becomes an absolute owner of the properties.
Now since this property has changed its status from vacant land to plotted properties, the donee can very well transfer certain portion of the property to anyone including her donor by executing a registered settlement deed.
However there is no question of partition in this.
Dear Sir,
The owner that is daughter can give up her absolute right and enter into partition with her mother. Such act goes to show that the daughter given up her rights under Gift Deed. It is valid under Law.
