My husband passed away without leaving a will for his self-acquired property. We have three daughters. Two of them are not cooperating with me to carry out an equal partition of the property. I wish to gift my 1/4th share to my youngest daughter, who has been supporting me throughout. The other two daughters are attempting to prevent me from securing my rightful share, likely with the intention of excluding me from the property altogether. Am I legally allowed to gift my 1/4th share of my undivided property to my youngest daughter? Also, which option would be better — executing a will or a gift deed?
1. Executing a WILL for your 1/4th share bequeathing your share in the property to your youngest daughter would be the correct and legally valid procedure.
2. Alternatively, you can execute a registered Relinquishment Deed, relinquishing your 1/4th share in your deceased husband's property, to your youngest daughter.
3. You are legally entitled to either execute a registered Relinquishment Deed or a WILL, in favour of your youngest daughter
You can execute will bequeathing your one fourth share in property to your youngest daughter
will should be registered
You can transfer your undivided share in the property specifically to the person of your choice by executing a registered gift settlement deed but not a registered release deed.
The transfer by Will may create problem at the time of enforcement of the Will.
Yes, you can gift your undivided share in the property to any person of your choice.
To protect your rights file a suit for partition and injunction.
Thank you for your response, esteemed lawyers. I forgot to mention an important detail — my eldest daughter has already filed a partition suit seeking her 1/4th share in my late husband’s property. She has named the remaining three of us (including me) as defendants in the case. It appears that my first two daughters intend to prolong the legal process in the hope that, after my death, the property will be divided into 1/3rd shares among them, thereby excluding my interest. However, I wish to gift my rightful 1/4th undivided share now itself to my youngest daughter, who has been taking care of me and supporting me emotionally and financially. Can I go ahead and execute and register a Gift Deed at the sub-registrar’s office in favor of my youngest daughter, in order to safeguard my share and avoid any complications in the future? Also, are there any potential risks or legal implications for my youngest daughter in dealing with the ongoing partition suit filed by my eldest daughter? Kindly advise
If any stay order has been passed in the partition suit you cannot execute a gift deed
you can seek expedited hearing as you are a senior citizen
No stay orders passed as such , FYI
You can very well transfer your rightful share in the property to your daughter by executing a registered gift deed by clearly mentioning that you are transferring your undivided share in the property in her favor which will come into effect immediately however she can identify the share as per the allotment made by court through the ongoing partition suit.
If there's no restriction by court to alienate your share then you are free to transfer your share to your daughter
Madam,
It is suggested that after unfortunare demise of your husband, the said property would be divided in 4 parts equally i.e. for daughters and youself. So, the youngest daugher is rightful owner of 1/4 part/share of the property. It is not clear as to which 1/4 share you wish to give to your youngest daughter right now. If you wish to give her share, then just go for partition of the property and if you wish to give, your part of share, then better to go for gift deed.
You can execute gift deed for your one fourth share undivided share in property
You intend to gift your share that comes to ¼ to your youngest daughter but a suit for partition is pending with respect to property. You can still execute a registered gift deed in favour you daughter though you share not yet determined. Execute a contingent gift deed of your share gifting it to your daughter . Draft the gift deed incorporating following key terms—give the details of partition suit—I intend that my share in the property should be bestowed to my daughter –as and when suit is decided finally, the part of property which I expect to be ¼ I gift to my x daughter.
Yes, irrespective of the pendency of the case, you are free to pass on your 1/4 share undivided share in this property by means of a gift/will/relinquishment deed in favour of your youngest daughter.
Dear Client,
As far as gifting your 1/4th share to your youngest daughter is concerned: Yes, you can register and execute a Gift Deed in favor of your youngest daughter for your undivided 1/4th share even in the midst of the current partition suit, since you have complete ownership rights over your share. In order for the Gift Deed to be valid legally, it should be duly executed and registered at the sub-registrar's office
Gift Deed vs Will
Gift Deed: Transfers your share automatically and irrevocably to your youngest daughter. This would help protect her interest now itself, even amidst the pending suit.
Will: Effective only from your death, which can be challenged or put on hold by the court and thus does not afford immediate protection.
Risks for your youngest daughter: As the partition suit is pending, her rights as your share transferee may be challenged by the other parties. But once the Gift Deed is registered, her title over your share is secure, and she may be made a party to the suit in order to safeguard her interest. It is better to apprise the court of the Gift Deed and make your younger daughter a party to the suit so that this issue could be prevented in the future.
Dear Lawyers, Thank you for your responses. I have executed and registered a gift deed, transferring my 1/4th share of the property to my youngest daughter. However, I did not mention the ongoing partition suit that was initiated by my eldest daughter. Kindly advise whether this omission could pose any legal issues.
It would not pose any legal issues as no stay was granted by trial court
If you have mentioned that this share of property now transferred in favour of your chosen daughter by this registered gift deed is an undivided share as on the date of its execution, that will take care of other issues otherwise you may have to execute a registered rectification deed to add the said information through the rectification deed.
1. You can legally register a gift deed and transfer the title of your undivided 1/4th share of the said property to anybody you wish to.
2. It can be a conditional gift laying down the condition that you shall have the living right on the said portion of the property till your demise and also that the donee will look after you till your demise.
3. The will might be considered as a better option as you can change the will any time after wards depending on the situation.
1. You can register the conditional gift deed in favour of your youngest daughter by conditionally transfer the title of your undivided share of the said property and thereafter contest the partoition suit filed by your another daughter fittingly.
2. In case of will your other daughters might claim that your your youngest daughter has coerced you in executing the will in her favour which they will not be able to do in case of your registered gift deed.
There can not be any stay order, under the given circumstances, restraining you from gifting your share of the property to any one.
1. Your said gift registered deed in faviour of your youngest daughter is perfectly valid as per law.
2. Hope, you have made sure that she will take care of yourself for the rest of your life.
Both the options are good. But in gift deed it will be immediately transferred and in will after the death. Gift deed will attract stamp duty and will doesn’t have stamp duty
Madam,
The fact of not mentioning of litigation does not affect your share in the property and thus does not affect the gift deed too.
- As per law, after demise of your husband intestate , his property would be devolved upon all his legal heirs equally
- Hence, you have legal right over the 1/4 share of your property and can transfer or released your share in favor of said daughter without taking consent of others.
- Since, you have 1/4 share in the property then even the pendency of the partition suit will not affect the said gift deed, specially if there is no stay order by the Court.
There is no legal bar preventing you from gifting or willing your Undivided share in the property.
Executing a gift deed would be a viable option in the facts and circumstances of the case.
If there is no stay or status qui order against you, in that Partition case, you can Execute a giftdeed. Just remember that registration of the gift deed is mandatory
If there is no stay order, not mentioning the partition case in the gift deed will have no bearing. No need to worry about anything.
I am the mother. A partition suit was filed by my eldest daughter in Jan 2024 regarding our family property. The case is still in the early stage (gathering statements), and there is no stay order from the court. In Sep 2024, I gifted my 1/4 undivided share to my youngest daughter through a registered gift deed. I did not mention the partition suit in the deed. Will this cause any legal issue later?
The decision of suit will be binding on the donee if the property
In your reply mention that you have executed gift deed for your one fourth share in property
your daughter has to be made party to the suit
In your written statement you can mention the details about the transfer of your undivided share in the property in favour of the donee by a registered gift deed, which will enable the court to frame issues accordingly.
No, the gift deed remains valid, as there is no stay order and you had the legal right to gift your 1/4 undivided share. However, not mentioning the ongoing partition suit may lead to objections or challenges later, especially if your other daughters claim it was done to bypass the court process.
Have your youngest daughter impleaded (added) as a party in the pending partition suit.
Disclose the gift deed to the court as a precaution — this will strengthen her legal standing and avoid future complications.
The gift protects your daughter’s interest, but transparency with the court is key. This ensures the transfer is respected during partition proceedings.
- Since, there is no stay granted by the Court in the said suit , then it will not cause any legal issue.