• Claim of legal heirs

Mr X was in Government service and had acquired property from his self earnings. He is married to Mrs Y. They have no children. But Mr X has brothers and sisters and have children. On demise of Mr X during 2019, the property in the name of Mr X has been transferred to Mrs Y. Now Mrs Y intends to gift the property to her (Mrs Y) sister Mrs P and Mrs Y brothers daughter Mrs Q equally. 

The question is can any legal heirs of Mr X can claim the property after the gift registration to Mrs P and Mrs Q and what precaution will have to be taken in the gift deed document.
Asked 1 month ago in Property Law
Religion: Hindu

7 answers received in 1 day.

Lawyers are available now to answer your questions.

8 Answers

Mr. X brother and sister don't have any rights in the property.

 

As per the Hindu succession act legal heirs class I wife has whole rights after husband death. So in this case wife of Mr. X can make gift deed on any person name as per her wish.

Ganesh Kadam
Advocate, Pune
12329 Answers
189 Consultations

4.9 on 5.0

Yes if that legal heirs have legitimate claim over the said property they can file suit even after gift deed and it's registration for its cancellation & their claim

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

On demise of X his wife is absolute owner of property 

 

2) she is at liberty to execute gift deed for her property 



3) gift deed should be duly stamped and registered 

 

4) if legal heirs of X file suit to set aside gift deed chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Dear Client, 

If Mr. X has transferred his property through gift deed to Mrs. X then it can't be claimed by any other person. 


Dear Client,

If Mr. X has transferred his property through gift deed to Mrs. y then it cannot be claimed by any other person.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

Upon inheriting the property from her deceased husband as his only legal heir and successor in interest to succeed to his estates left behind upon his intestate death, Mrs. Y becomes the absolute owner of the property, in the capacity of legal heir.

Therefore she can very well transfer this proeprty to anyone of her choice as per her will and wish.

Nobody can claim any rights in this property nor they can challenge the desired transfer Mrs. Y now intends to make.

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

1.  The wording "Irrevocable" has to be prefixed before "Gift Deed". In this way, you can ensure that the registered Gift Deed can't be revoked.

2.  If it's feasible, let the legal heirs of Mr. "X", sign as witnesses to the registered Gift Deed.

Shashidhar S. Sastry
Advocate, Bangalore
4142 Answers
258 Consultations

5.0 on 5.0

- Since, the property has been purchased by Mr X from his own fund , then legally he was having right to transfer the same to anyone without taking consent from any member of the family. 

- Further, after his demise without leaving any WILL , the property would be devolved upon his wife.

- Hence, after the death of Mr X , the property would be devolved upon Mrs.Y , and hence she will have the right to transfer the property by way of Gift deed to anyone without taking consent from any other legal heirs of Mr.X.

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Upon the death of Mr X presumably without leaving a Will, his estate devolved automatically upon his only surviving Class-I legal heir, namely, his wife. His brothers and sisters and their children cannot lay any claim. The subsequent gifting of the property by Mrs Y in favour of P and Q is perfectly valid in law. Nothing else needs to be done.

Swaminathan Neelakantan
Advocate, Coimbatore
1883 Answers
18 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer