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Can my dad do a gift deed of his ancestral property


22-Apr-2023 (In Family Law)
Can my dad do a gift deed of his ancestral property to his 3 kids . This ancestral agricultural property is pending for pody to be done through survey dept by govt and till this pody is completed this property cannot be transfered /registered from my dad to we children. So can he divide his ancestral property and make a gift deed with mutual consent of all in the family tree. Can this gift deed be registered and is it legal? Or is there any other way ? 
Answers (4)

Answer #1
663 votes
Yes - your father can make a gift deed to his children the property he has received from his father - he can make a partition deed first, have all the kids sign for it and then make the gift deed

--- Advocate C V Srinivasa
Answer #2
909 votes
He can gift his share of he property. Gifting otheres property is not permisive under the Transfer of Property ACt. If it is ancestral he can use it for the benefit of the family as permissive under law including disposing by sale. You are entitled to have partition of the property by way of registering the deed of partition and thereafter it could be phoded as per your share, Good Luck
Answer #3
811 votes
If your dad is only legal heir of the ancestral property means you all 3 kids will get your share if you are no more a kids. The gift deed can be registered and wait for pody to get done or otherwise go to the concerned authority and verify why there is delay in getting pody. Even otherwise as it is ancestral property all the kids will get equal share.
Answer #4
989 votes
No, you go for registered partition deed or family settlement deed.

Better you go for consent/mutual Court decree that by filing partition suit you may get such decree.

Any way you have to take best advise and proceed.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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