B can only do if he is legal heir or owner of property other wise no. C will also have share in A property
Reharding Gift Deed
Mr A is a Property owner with 21 dismile land and house he got this property through probate degree from his fathers sister. he is living with his wife Mrs B and a grand daughter 4 year old Miss C. Mr A dont want to give any kind or custody of his grand daughter to his daughter in Law. (Damad) suddenly Mr A Died can Mrs B can make registered gift to any other person of non blood relation. If Yes what about Miss C as she is a Minor and she has only one guardian Mrs B. Kindly Suggest me
Asked 5 years ago in Property Law
Religion: Hindu
20 Answers
On demise of A his wife and children would inherit his property
2) grand daughter has no share in his property
3) B can execute gift deed for her share in property
C is Minor
Asked 5 years ago
Yes through court her guardian can claim
Grand daughter has no share in self acquired property of grand father
The property which A had or he received through probate is his self acquired property. After him the property belongs to his legal heirs ie son daughter his grandchildren and his wife.
If C is minor then his guardian will be in charge of the property till he becomes a major.
This property of which title was in the name of A will be transfer to his wife as the grand daughter is minor and have the title sharing the property Mrs B cannot transfer the property to any other person with belongs to Miss C and in case any such transfer has taken place that can be challenged please note that since MS C is legal hair to A her property share cannot be denied in any case
If she is minor she may have her share in ancestral property. If the property is not self owned by Mr.A.
See legal heirs of Mr. A has right on the property. Mrs. B for her share can make a gift deed to.third person.
To see if Miss C has any right or not complete facts has to be seen.
If son of Mr. A is not alive then in that case his share will go to demised sons legal heirs.
- Since the said property was came into possession of Mr A through probate degree , hence it become his self acquired property , and he was having his right to transfer the said property to anyone without the disturbance of any body.
- Further , if Mr A died without leaving any WILL , then the property would be devolved upon Mrs B and other legal heirs , and Miss C being the granddaughter having no right over the same.
- Further, after getting her share , Mrs B can transfer her share to any other person , even of non blood relation, if she is only legal heir of her husband.
- Miss C is minor but she is granddaughter and not daughter .
A male dying intestate, his property devolves on his wife and children.
Mrs. B can Gift her share of property to any one, the same has to be registered by paying stamp duty.
Miss. C does not have share in grand father's property.
Minor can be represented by her Guardian.
1. The property stands in the name of Mr.A, who has died intestate.
2. So, his wife Mrs. B and his son will be the legal heirs of the property of Mr.A, since deceased.
3. If his son of has died earlier then his son's share will be bestowed on his daughter being the grand daughter of Mr.A.
4. So Mrs. B can can deal with her 50% share of Mr. A's property in any way she feels like including gifting to a third party.
5. The grand daughter will retain her share of her late father's share of her late grandfather's properety.
1.C will be able to deal with her share of the property on attaining Adulthood.
2. Till then no body can deal with C's share of the property without the written sanction of the local Ditsrict Judge.
Yes mrs b can make gift deed to anyone she likes
A is reported to have died intestate.
Upon this situation, the properties left behind by the deceased A shall devolve equally on all his legal heirs including the legal heirs of his deceased son.
If his son is reported to have predeceased A , then legal heirs of the predeceased son i.e., the daughter in la and the child of predeceased son along with the wife of deceased A shall be entitled to a share equally as per their rights.
Therefore the wife of deceased A cannot acquire entire property left behind by her deceased husband.
She cannot deprive the rights of other legal heirs in the property.
C being a minor, if her mother is alive then the mother of minor shall be the natural guardian of minor C.
The legitimate share of minor in the property cannot be denied to the natural guardian of the minor child.
1. This was the property of Mr.A. Hence, if he died intestate then it has devolved through intestate succession on his widow and all children equally.
2. You have not mentioned whether the father of Miss C is alive or not.
3. Mrs.B is free to gift her share to anyone.
on demise Of A, the distribution of property takes place among all class 1 heirs Wife and Children's.
1. Yes Mrs B can make gift deed of her share on name of any person even if that person is not blood relative.
2. She can gift her share to her grand daughter.
