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Can father give property to only one child? What objections possible?


14-Mar-2023 (In Property Law)

My father bought a property 10 years back and he has 4 children.

He wants to transfer it to one of his children.

Can he do it through gift deed and can other children raise objection? Please help

Answers (1)

Answer #1
222 votes

First, we need to ascertain whether the said property is self-acquired property of your father or out of proceeds from ancestral property.

As we understand your situation there are two possible outcomes to it-

 If the property acquired by your father is his self-acquired property he can transfer/gift it to anyone he likes. In this case your father has the exclusive right to transfer/gift the property to any one of his children at the exclusion of others. The others do not have any right to raise an objection in this case.

On the other hand, if the property acquired by your father is out of the proceeds from any ancestral property, all children have an equal share in it. In this case your father does not have the right to gift the said property to any one of his children and the rest can raise objections.

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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