Your brother and sister can gift their share in ancestral property to you without consent of other legal heirs
2) un registered document is in admissible in evidence
3) it is admissible for collateral purposes only
Gifting ancestors property
We are Hindu family of 8 brothers and 3 sisters. My father died intestate at 1996 and mother died at 2015. This property of my father is undivided. However, there is a mutual division among brothers (not sisters) in a notary certificate but the division is not registered. This notary was done in 2007 after our sisters and mother have given power of attorney to their 8 brothers. But one of my sister and mother breaks the power of attorney at 2008 and sell their portion to arbitary person without consent of me or my elder brother. At 2019 one more sister sell her share of property to arbitary person without any brothers consent. 1. Is the notary is still valid? I am in confusion because the notary has been done in the basis of power of attorney which is already broken by two sisters and mother. 2. Can my eldest brother and the remaining sister gift their portion of share of our father's property to me without consent of remaining brothers and sisters ? Also, in this case, can my elder brother's son have any legal rights to cancel his father's gift deed after or before my elder brother's death?
Asked 5 years ago in Property Law
Religion: Hindu
23 Answers
If any immovable properties documentation is not registered as per the section 17 of Indian registration act than its not valid in the eyes of laws. So your mother and sister sold their undivided share to third party.
Now your nephew has rights in the property towards his father's share in it.
You should understand the law of POA it's just notarized that it's true documents and this transaction is between you all siblings that is known to notary only that document is valid among your self. But government that is law and order fo not know about your transaction so how they will come to know by registering it under Indian registration act and the transfer of property act for to transfer title of rights.
If rest of brother and sister that you want theirs share than make release or relinquish deed and get registered it with SRO.
1. No, that is not valid.
2. Yes they can gift.
- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs i.e. 8 brothers and 3 sisters equally.
- Further , the said mutual division amongst the brother is not valid in the absence of an unregistered POA or released deed by the sisters & mothers.
1. A notarised document is not a valid documents if it is related to property transfer , and specially when your two sister have broke the conditions of the same.
2. Since, the said property is undivided , then any transaction by your sister or brothers having no value in the eye of law , and even the transfer done by your two sisters also can be challenged , and further the sale deed done in the name of other persons can also be cancelled , if any of your brother or sister files a case before the court.
- Yes, after the death of your elders brother , his son can challenge the gift deed , as the property is undivided legally.
1. On the basis of mere notarised documents respective share can not be transferred to each parties. Only by a registered gift/sale/relinquishment deed the share of a co sharer can be transferred.
2. Yes. Any co sharer can gift their respective share in favour of another siblings without the consent of others.
3. Grandson has a right of share in the ancestral property.
Notory not valid.neither poa transfers share in property but only authorise to act on behlf of principal.
Yes, any legal heir can sell/gift his/her share to you without consent of others.
Son cannot cancel gift deed but can challege it after demise of brother on false ground.
Make sure, gift deed dose not include amount but executes only out of love and affection.
1. The notarised partition is not valid in law.
The registered partition deed or oral partition deed only can be held as legally valid.
Your sisters are also entitled to their respective share out of your deceased father's share in the property as a right.
2. Yes, they can transfer their share in the property by executing a registered gift deed in your favor, but please make sure that they do not relinquish their rights in the proeprty because upon relinquishment of their rights, their share of proeprty will become common property to all the other shareholders and it would not reach you exclusively.
Your elder brother's son do not have any rights over his father's share of property at least not during his lifetime.
1- The answer to question No 1 is NO. Not valid and illegal.
2- The answer is No. Gift deed is also illegal.
The Hindu Law is very specific about ancestral property which has to be divided equally amongst all legal heirs.
Please file partition suit before Civil Court for proper division of ancestral property.
1. No it's not valid
2. If it's their self acquired then only they can other wise they cant
What I understood from all the 9 answers given here by 9 respected advocates that everyone is in synch that the notary is not valid. But on my 2nd question, 6 of them agreed that gift deed on ancestral property can be done but 3 of you do not agree. So my follow up question is below. 1. If the gift deed is signed by all the siblings , can it be termed as legal by all means? 2. Can the two sisters who already sold their property still has right to sign this deed? Or the sign of those two arbitary person is required to whom the sisters property is sold. 3. My elder brother has two daughters and one son. If 2/3 of my elder brother's share in this ancestral property is gifted to me with consent of two daughters, can it be termed as legal by all means.
Asked 5 years ago
1. The transfer of their respective share in the property by executing a registered gift deed is very much valid.
2. The sisters who have already sold their shares in the property have nothing with them to sign the document again.
3. They've to transfer the same by executing a registered gift deed to make it valid.
1. Yes.
2. Yes
3 yes
It would be valid if signed by all siblings
2) signature of sisters who sold their share should be obtained
3) it would be valid
You can't gift a property which is entirely not owned by you by virtue of life interest and legal rights.
Transfer of property specifically immovable property is being controlled by Registration Act 1908 which makes registration compulsory with competent authorities sub-registrar of property not by Notary.
If entire process is illegal then can't claim legal rights before court of law.
Please approach court for the suit of the partition of the property as per Hindu Succession Act 1956.
1. Yes
2. Sisters don't have any right now.
3. Yes.
Gift deed on ancestral property can only be done with consent of all legal heirs.
If they have sold the same what's there locus to sign
Yes it will be legal if it's with consent of daughters and him
Notary documents are not a valid documents for partition.
siblings can gift their share in ancestral property.
Now whomsoever has their share remaining unsold of undivided property means not sold than you can make relinquish deed and mention all details of properties and sharing in details so there should not be any confusion in future by taking your nephew shares as well.
1. Notarized settlement deed is not considered valid and that was also executed without involving all legal heirs of your father.
2. Yes they can gift their share but only after mutation of property on their name.
3. No son of your elder brother cannot challenge gift deed by him after his death.
Every member can gift its share without consent of other.
Sigming gift deed means all have no objection.
2. Not required of any.
3. Yes
1. A gift deed cannot be cancelled without getting court order
2. No
3. Yes
The property has to be partitioned before anyone can sell or use it. Before partition the whole property belongs to none.
Therefore file a partition suit. Family arrangements are respected by the courts.
But here PoA has to be registered.
The gift deed cannot be done when the property is not partitioned. The sale by sisters is illegal.
Dear Sir/Madam,
The gift deed can be done by anyone of his/her share and the same will be valid. But the said person should have existing share then only the gift deed can be valid.
