• Question on Gift deed on a residential property

Mr 'X' has got a property by gift deed from this father.
Now Mr 'X' wants to gift deed this property to his wife 'Y'.
Suppose 'Y' expires after the property transaction and 'X' is still alive,who all will get share in the property?
'Y' parents are still alive. 'Y' has a sister too.
'X' and 'Y' have a minor son of 8 year old.
Property is residential house in Karnataka.
Asked 6 months ago in Civil Law from Bengaluru, Karnataka
Y's legal heirs would be her widower and children, each one of whom will succeed equally to the property. The share of minor cannot be sold by his father except with the prior permission of the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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After X gifts the property inherited from his father by way of a GIFT DEED, in favour of his wife Y, and thereafter Y expires, and X is still alive, the property will vest equally with X the husband and X & Y minor son of 8 year old, 
The parents nor sister of Y can claim any share in Y property inherited by her from her husband if she dies.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
1) on Y death her minor son husband and mother would be legal heirs 


2) Y sister has no share in property 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
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On X death Y ,minor child , mother of X would be legal heirs 

Brother has no share in X property 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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the property belongs to X, now if he dies before transferring the property in favour of Y, then after his death his legal heirs namely Y and their Minor son become entitled succeed to the said property.
Wife and son are Class 1 heirs, father mother and brother are Class 2 heirs in the absence of Class-1 heirs class 2 heirs become eligible otherwise they will not be eligible.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
The property that was acquired by X as a gift from his father became an absolute property of X which he legally transferred to his wife Y by executing a registered gift deed. Subsequent to this Y becomes an absolute owner to this property. Upon the intestate death of Y this property shall devolve upon Y's own class I legal heirs consisting her husband and children. Thus X as a legal heir shall inherit the property and his minor son shall be entitled to other half, wherein the natural guardian i.e., X shall be the guardian to the minor to protect minor's interest in the property till the minor son becomes major by age. Y's parents or sister or any other relative are not entitled to any share in Y's property while class I legal heirs of Y are living.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Suppose 'X' expires before transferring property to 'Y' and 'Y' still alive. Who all will be legal heirs?. Both father and mother of X are alive and X has a brother.

Then the legal heirs of X consisting X's wife, children and mother shall be entitled to an equal share in the property left behind by X upon his intestate death.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
The legal heirs of a Hindu male dying intestate are his mother, widow and all children.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Sir/Madam, X expires before transferring the property to Y, the X's property will transferred to his Class-I legal heirs i.e., his wife and children. If wife and children are not alive, next goes to Class II legal heirs, i..e, X's father or mother or brother.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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