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Mother got land as gift can she gift to someone else
17-Dec-2023 (In Property Law)
Dear sir, my grandfather distributed land between my father and my uncles. And my grandfather's brother gifted his whole land to my mother. I have 2 sisters and a brother. my parents loves my brother the most. suppose my mother gifted the whole land to my brother then is there any legal option for me to distribute my mother land.
In matters of property, 'Gift' is the transfer from the donor to the donee, voluntarily and without consideration (payment amount). From the details provided in the query, it is likely to presume that the Gift Deed is an unregistered Deed. If the transfer was effected correctly, without any conditions laid down in the Gift Deed, and without encumbrances, and duly registered then it is possible that your aunt would be the absolute owner of the property. If the gift deed contains conditions rendering it invalid or is with encumbrances, it may be difficult to transfer property.
Secondly, it is given to understand that the Katha stands in the name of your aunt. Mere name reflected in the Katha, does not hold that she is the legal owner. It has to be read along with the gift deed.
Some illustrations to explain conditions & encumbrances:
Eg. 1: X gifts property to Y, without conditions and encumbrances. In that event, Y is likely the absolute owner of the property.
Eg. 2: X gifts property to Y, with condition that if Y dies without heirs, the property will go back to X or his heirs. This is a conditional gift and Y is not the absolute owner of the property.
Eg. 3: X gifts property to Y, but there is already a mortgage on the property. Y will likely be the absolute owner, but with encumbrances and will be liable for making the mortgage payments.
Secondly, it is given to understand that the Katha stands in the name of your aunt. Mere name reflected in the Katha, does not hold that she is the legal owner. It has to be read along with the gift deed.
Some illustrations to explain conditions & encumbrances:
Eg. 1: X gifts property to Y, without conditions and encumbrances. In that event, Y is likely the absolute owner of the property.
Eg. 2: X gifts property to Y, with condition that if Y dies without heirs, the property will go back to X or his heirs. This is a conditional gift and Y is not the absolute owner of the property.
Eg. 3: X gifts property to Y, but there is already a mortgage on the property. Y will likely be the absolute owner, but with encumbrances and will be liable for making the mortgage payments.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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