Once you gift the entire share the whole property will be the property of donee. Therefore there is no question of grabbing. If you want to divide it in several heirs partition deed is best. Go for registered partition deed
About Partition deed and a gift deed
My Grand parent had a property of 4.26 acres of land. My father has died and the property has been transfered to my mothers name (in RTC). Me and my elder sister (only 2 childrens both married), my mother is decided to divide the property to both ( including her ) of them legally. My sister husband is asking my mother to gift deed the property (dhaana patra) to both of them and my mother is decided for partition deed My question here is, whether partition deed is better or a gift deed is better, so that there will no legal issues between us or would they have any benefit in making gift deed in the sense, would they have legal rights to grab my property or mother's property in case of gift deed or else after the period of my mother so my mother is decided to divide the property to all three of them (whether this is correct with no legal issues) please suggest me sir/madam regarding this property distribution so that there should be no clashes betwwen us or no legal iissues between us.
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
It is for your mother to decide how she wants property to be distributed among her children
2) deed of partition can be executed for division of property by metes and bounds
2) mother can execute gift deed of undivided share in property but property would have to be partitioned later
In response to your query, it is your mother who will decide, it is her discretion.
Partition deed is acceptable, you need to get it registered.
What ever she is doing is correct.
1. Assuming that your grandfather and your father died intestate and also assuming that your father had no siblings, then your grandfather's property would devolve equally to his children, i.e., you and your sister (if it were to be ancestral) and would devolve equally to your mother, your sister and you(if it were to be self acquired).
2. If you and your sister has not executed Release Deed in your mother's favour, relinquishing right over the property, then your mother can only execute Gift Deed or WILL or any other document only in respect to her share in the property and cannot be for the entire property.
3. Partition Deed can be executed between the legal heirs and if your mother wants to gift her share in the property to her child/children, she can do it by executing a Gift Deed relinquishing her share in the property.
See since you mother and sister have equal share in property on demise of father so your mother you and sister create a family settlement/partition deed dividing property equally . Also in same property can be demarcated by both of you.
The partition deed is best way to go and same can be registered with the sub registrar office.
Dear Sir,
Since it is not your mother’s absolute property so it is not advisable to execute Gift Deed. You may go for only partition deed or family settlement deed and it must be registered.
Is it that after the death of your father, your mother, you and your sister are co-owners of 1/3 rd share each? How come it has been transferred in the name of your mother. It should be in the name of you all three.
Now, if it is so, the land will be partitioned amongst three. Thereafter your mother may execute a Will in respect of her share to anyone or both. Your mother will remain owner of 1/3 rd share during her lifetime.
After father death, land inherited between mother and children equally, 1/3rd share each. If mother wants to give her share to another daughter, she have to execute release deed in favor of daughter.
Or execute partition deed.
It would be better if she makes gift deed of the properties according to the share she want to distribute among all of you.
There would be no clashes regarding share in future if you all have gift deed of your respective shares.
The property can be registered through a partition deed. If the son/daughter has any issues then mother can execute gift deed in favour of any child .
Your mother can make partition of the property and regarding her share particularly can make gift deed or WILL later.
If your mother is the absolute owner then she can transfer by executing a deed of settlement to both separately.
If your mother has decided to give away the properties to her children then she may have to first relinquish her rights towards her share in the property, because since your father is reported to have died intestate, the properties left behind by him shall devolve equally on all his legal heirs, i.e., your mother, yourself and your sister.
Even though the properties were transferred to her name nd the same is reflected in RTC, this cannot confer her the title to the entire property, because the revenue records or the RTC is not a title document.
The legal fact is that she has rights towards only one third share in the property.
Thus after your mother executes a regitered release deed relinquishing her rights in the property you and your sister can draw a partition deed on mutually agreed terms and conditions and get it registered so that you both can take possession of your respective shares in the property and enjoy the same legally and peacefully in the future tioo.
You may discuss with an advocate in the local and proceed as suggested.
- As per the information mentioned in the present query, makes it clear that the property came to your mother from grand parents.
- Now, here this would have to be seen as to whether the property with your grand parents were ancestor one or self acquired.
- If self acquired then your mother should go for gift deed, but if the same were ancestor then would advice you both children to file a suit for partition and then get your share from court of as the transfer on your mother’s name was not valid because she can hold the portion of her share and that is also from your father’s notional share.
- And she can only make gift of her share of the property was ancestor.