1) mother is at liberty to execute gift deed in favour of her 2 children
2) consent of other 2 children is not necessary
3) gift deed should be duly stamped and registered
Rights on property aquired through Partition
Hi, 1. For My Grand Mother there are 2 children's My Mother and her Brother 2. My Grand Mother, My Mother and her Brother purchased agricultural land from joint family funds in my Mother brother Name. 3. My Mother brother and My Grand Mother expired few years before. 4. My Mother filed partition suite against my mother brothers Children's. 5. Case is settled by compromising both the parties with 50% share to my Mother and 50% share to my Mother brother children's. 6. Later we filed FTP and paid lumbsum amount to my mother brothers children's and released their 50% of share in favor of My Mother. 7. Now My Mother have 100% of the share in the suite properties. 8. Now the issue is My Mother have 4 Children's and She want to gift these suite property to only 2 because of some family issues. 9. Does there is any way to transfer the property acquired as above to her 2 children's, with out the consed of other 2 children's. 10. Does all 4 Children have rights in the above acquired property
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
No. All four children of your mother don't naturally inherit this property; ie they aren't coparceners to this property.
So, your mother can exclusively gift this property by a gift deed, to anyone she pleases
Dear Client,
Mother is absolute owner, solely owns the property in her name. She can gift/will/alienate property by her choice, no child have any say.
if the property is purchased by your mother with her own funds,she can give it to any one as per her wish,as the property is her own one.But if it's a ancestral property,all 4 children will have right on that property.
Dear Sir,
It appears to be absolute property of your mother as such at this juncture it is very hard to resist her from restraining document in favour of two children. She can gift it away to any one or more of her children unless there is any injunction order against her from restraining her not to execute any document.
1.Mother is absolute owner of the property she can gift/will/transfer the property on her wish she can gift the properties to 2 children other two cannot take any objection on same.
Hello,
This is the self acquired property of the mother. If none of the legal heirs who who paid for 50% have objection then she may divide and gift/ will the land as per her whims and fancies.
Regards
Your mother is absolute owner she can transfer to any one without consent of other son.
Other son dont have any rights to claim in mothers property.
Dear Sir,
It seems your mother having absolute right over the property, then the self property can be given to any body with her choice. Nobody can ask her about that issue.
If the said property is ancestral then yes they have share if not and then she can execute gift deed or will and give it to only 2 children
The agricultural land came to be purchased by your grandmother, mother and her brother. In the suit, your mother got 50% share and brothers children 50% out of a compromise. Subsequently brothers children relinquished their 50% share entirely in favour of your mother. Now she is 100% owner of the said land.
She has now decided to give this property to only 2 children due to some family issues excluding the other 2 children. This is highly illegal and arbitrary, with out the express consent of the other 2 children she cannot just distribute the property amongst only 2. Hence the other 2 can challenge this before the court as this property is ancestral property and the other 2 being grandchildren have equal rights as well.
None of the children of your mother have any rights in the property that is lying on your mother's name, not at least during her lifetime.
The properties acquired by your mother shall be her own and absolute property.
She is the only person and authority to decide about its disposal, nobody can force her nor anyone can claim any share in her properties as a right.
Therefore your mother's decision to transfer the properties to her two children alone is her own decision and desire which cannot be restricted or objected by the other two children, not at least legally.
- The property share of 50 percent which your mother got were of nature of the ancestral as the same was bought by the family income of your grandfather.
- But, still the mother property which she has got by anyone or by anyway, irrespective of the fact that the same was bought by the family income of your grandmother, doesn’t constitute the nature of the property as ancestral.
- Even the later 50 percent would also remain her specific share.
- No children can claim any ancestral right in either of the share of the mother and she can give it to anyone she feels like.
