• Transfer of property and gift deed

(i) Does the transfer of property from late husband to widow become a self acquired or self owned property of the widow? 

(ii) Also the widow being an old lady (age 91 years) has transferred the same property to her son B without the knowledge of the siblings A, D & E. Who, according to law, has to keep the widow and look after her ?[after the gift deed is done]
Asked 10 years ago in Property Law

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2 Answers

you had raised similar query earlier .you have with some cosmetic changes raised this query again .

please answer whether husband left a will or he died intestate .?

if he left a will she is absolute owner of property . she can execute a gift deed in favour of her son B to exclusion of other sons .

if husband died intestate she is only one of legal heirs and cannot execute gift deed for entire property of her late husband . all children are bound to maintain the mother in her old age .

Ajay Sethi
Advocate, Mumbai
94405 Answers
7468 Consultations

5.0 on 5.0

I have answered this query on an earlier occasion.

As I mentioned in my previous reply, if the husband died without a will then the widow is entitled to make a gift deed in favour of any of her children insofar as devising her own proprietary rights are concerned.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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