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Can a father legally gift his property to only one of his sons in India?


08-Jul-2024 (In Family Law)
We were two brothers, and my elder brother, who was married and had a son, has passed away. Our father is still alive and owns a house. He does not wish to give any part of his property to my brother's wife. I would like to know if my brother's wife and son have any legal rights to claim a share in our father's property.
Answers (5)

Answer #1
393 votes

In India, a father can gift his self-acquired property to only one of his sons (or anyone else, for that matter) and exclude the others. The key points are:

  • Self-acquired property: If the property was bought/earned by the father himself, he has full rights to dispose of it however he wishes.

  • Free will: The gift must be voluntary, without coercion, fraud, or undue influence.

  • Registered gift deed: For immovable property, a gift deed must be executed, stamped, and registered with the sub-registrar under the Registration Act, 1908.

  • No heirs consent required: Unlike ancestral property, the father doesn?t need permission from his other children.

  • Ancestral property is different: He cannot unilaterally gift ancestral property, as all legal heirs have a right in it by birth.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
684 votes
Not your brother's wife, but his son surely has a right and can claim anytime the share in this particular property (House) but only after the lifetime of your father. Therefore, to safeguard the claim, you should ask your father to transfer the entire property to you through a registered Will. This should be sufficient to defend any stake claimed by your brother's son or his wife in future.
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Answer #3
891 votes
No he can not do like that . Both of you I mean you and your brother have same right. On the property of your father..and after the death of your brother his wife and children have same right on the property .
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Advocate Lubna Ishrat

Adv. Lubna Ishrat

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Answer #4
976 votes
If it's not an ancestral property and earned by built by your father only then succession is decided as per yours father wish .But you had not made clear whether your brother was employed and self sufficient before his death or not ,if answer is in negation then case would be different because as per amended law situatiuation will be different .
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Advocate Rishi Kumar

Adv. Rishi Kumar

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Answer #5
528 votes
Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will. The sale Deed and gift Deed must be registered with the concerned authorities whereas a WILL may be either registered or unregistered.
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Advocate Vijay Kumar Teotia

Adv. Vijay Kumar Teotia

LawRatoMeerut | 200+ Answers
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