• Transfer of land from daughter to father

My daughter and myself has exchanged a land. But before completing the process she died. She had one son (major). Now is it possible to get possession of land as I have already gifted her my unit of land.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Your daughter legal heirs would have to execute gift deed in your favour 

 

you would not get possession of land unless there is documentary evidence of exchange 

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

1. You can execute a registered Revocation /Cancellation Deed for your purposes by taking joint & mutual consent signature of major son. 

2. You can also execute a Settlement Deed with major son, for mutual settlement, possession, etc.... , for getting possession of land.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir/Madam,

The possession is quite possible and you are suggested to get the mutation done for both the lands i.e. yourself and daughter's son as well. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Exchange deed had to be executed.

2. If she passed away before executing exchange deed then she continues to be the owner of the land which she was to pass to you. Hence, it has devolved through intestate succession on her heirs.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Now it totally depends upon her son (Means your grand son) that if he is willing to do so. If you have such contract or Exchange deed registered at the time of gift deed than it could have possible. instead preparing gift deed at that time you should have prepared Exchange deed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello, 

  1. If the major son of your deceased daughter or any of her heirs is alive, he/ she can transfer the property back to you. 
  2. In the absence of any heirs including her mother ( your wife), you would naturally be the only heir and so claim the property to be registered in your name or take possession. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

On her death her property including the one gifted by you would be inherited by her children and husband  

Her parents doesn't come into the picture in presence of her class I legal heirs. 

Now since the exchange deed is not registered you can not take hold of the poetry she may have agreed to transfer you  

So don't take law unto your hands and let your own grand children enjoy the property. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

- Since your daughter died before completing the process of exchange , hence there is no transfer of property taking place legally , and the situation is intact as before. 

- After the death of your daughter , now her property would be devolved upon her legal heirs, i.e. husband,& children if married. 

- Hence now after her death her property can be claimed by her husband if alive and her son.

- You can get possession of the land, if her legal heir executed a release deed in your favour. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

It depends on whether the other legal heirs are consenting to it as the earlier transfer is not complete

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

See if any deed was not executed and also there is no agreement for exchange the legal heirs of daughters cannot be asked to transfer same to your name.

If there was is proof this transaction you may file a suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should have executed exchange deed Instead of gift deed. What is the language of gift deed. Gift is executed out of love and no consideration involved. If there is a condition that in return of gift , she will exchange her land than gift is void. You can reclaim possession. ?

Now daughter son have inherited her land. He will have to execute gift deed in your favor now.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Hello,

You can ask her son to execute the pending gift deed. 

Failing which you may go ahead and file a suit for cancellation of deed by means of which you have transferred your share of land. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You can not get back the land your have gifted to your daughter by registering a valid gift deed in her favour.

 

2. Your grandson shall have to register a gift deed to return the said land to you if he so wishes.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

Yes. Go for specific performance suit 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If it was a gift and she had not taken possession before she died, then it still belongs to you otherwise not.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No it is not possible of the face of it.

However, your grand son (son of your daughter) has to do exchange formalities i.e., execute "Exchange Deed" in your favor.

You shall not get possession / title of the land unless the exchange is done by legal heir of your daughter i.e., your grand son.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Upon your daughter's death,  her property shall devolve equally on all her legal heirs. 

Hence it's their decision to accept the proposed dealings or not,  you cannot force them legally to accept the pending proposed exchange until and unless there exists a registered agreement in this regard. 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

You can ask legal heirs of your daughter to complete the process after transfer of land ownership on their name.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Gifted property cannot be claimed back, your deceased daughter son and other heirs have to execute gift deed in your favour. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

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