Anonymous
Asked April 03, 2017

Way to give property to grandson

  • 1 Answer
  • 584 Views

Hi Sir, This is regarding a Property matter. 1. There is 2acres of land on my mother's name that she got as a gift from her parents, but this property is not earned by her parents. 2. It came from her Grand Father ---> Father ----> My Mother 3. My Mom have two sons which are my younger and Youngest brothers. 4. My younger brother have cancer where he is almost in his last days. He has a 3years kid. His wife and her parents are demanding my parents to write that ancestral 2acres of land of 50% to their name. 5. But my mother don't want to do that because her parents are in search for other guy to that lady [ Brother's wife] 6. My parents are worrying if they give that property what is the guarantee that belongs to that kid. 7. That's why they are in plan of transfering that to my youngest brother who is not yet married with some terms and conditions as he is a nominee for that kid. Is there any possibility to go like that or will my parents face any legal issues in future from that Lady's side. Reason of transferring the property to only one son is they have already spent 30-40lakhs for my younger brother treatment from my father's after retirement entire amount and also borrowed from relatives. Please help us on this. Thanks Siri

Answer 1

 

 

 

Dear Sir/madam,

Since, the property devolves from the ancestral side of the mother, to her – it is her absolute property with no natural claim of her sons or daughters whatsoever. So, it is up to her will to make a gift or Will in whosoever’s name she wants.

There is obviously no guarantee to anything in this world. No one can give an assurance to the property belonging to that kid. Most of all, no legal right of a wife to demand and as far as the parents of the wife are concerned, they should not even think of interfering in such personal matters of their daughter. No law of the country forces the mother to transfer her ancestral property in the name of her sons. Neither the sons can make a demand on the said property.

Such claims of an equal share in the ancestral property can be made and the law allows you to do so, when the property is your father’s. It should devolve upon the sons from the paternal side.

Talking about the way of transferring property to grandson, one such way is Gift. This is how a Gift deed works. The link of one such format of the gift deed is provided below[1].

Stages of a gift deed are as follows :-

 

  • Making of a gift-deed – it is essentially an agreement between a donor and the acceptor. An agreement without any consideration.
  • As per Section 123 of the Transfer of Property Act, a gift of immovable property should be registered. This registration is to be followed by an attestation of two witnesses. Registration process involves paying the respective stamp duty. Stamp duty varies from state to state as it is a part of the local laws.
  • Gift deed is completed on the acceptance of the gift by the done as against the donor. However, for a gift deed to stand valid – it is mandatory that the done receives the gift during the lifetime of the donor, else it stands void.

Registration of a gift deed is mandatory as per Section 17 of the Registration Act, 1908 and section 123 of the Transfer of Property Act. Doing otherwise, renders the transaction invalid.

 

[1] http://www.bipldirect.com/sitedata/downloads/Direct/20100521104256890_Gift%20Deed.pdf

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