Is consent of daughter required if father wants to gift his property
28-Aug-2023 (In Property Law)
We are staying in my father's house and along with me my wife and 12 year old child. If my father wants to gift his property in his existence can he do that without the consent of my only sister.
Father can gift his self acquired property without consent of any of the family member. He need not take consent of your sister to gift the said flat to you in his life time. Sister can not take any valid legal objection to it.
Can father sell property without sons consent?
In India, fathers can sell or divide their property without sons consent as long it is a property they have acquired themselves. If your father sells property that he bought himself, he is entitled to deny all claims.
Can a father transfer his property to his daughter?
Transfer of Ownership. When a father gives an asset to his daughter, whether it is movable or immovable, such as jewellery or shares, ownership is irrevocably passed on. The father has no legal rights to the asset.
Can father refuse to give property to son?
He can decide to give or not give the property to whomever he wants. His wife/children cant object to him donating it. 20-Mar-2023
When can a daughter Cannot claim father's property?
If the father has not died and the property was transferred to his sons or grandson, the daughters do not have a right to it. If the father has died and the property was transferred by a will, the daughter can challenge the will on any valid grounds. 13-May-2023
This is my response to you:
1. Your father can gift the property without anybody's consent;
2. Make sure you execute a gift deed and register the same;
3. In the alternative he can also make a Will stating that your daughter will get the share after his demise.
1. Your father can gift the property without anybody's consent;
2. Make sure you execute a gift deed and register the same;
3. In the alternative he can also make a Will stating that your daughter will get the share after his demise.
if the property is ancestral one then he cannot and if the property is self aquired then he can because he is having exclusive ownership right over there. there are two types of property. one is ancestral one and another is self aquired. the person can gift, will, or sale the property if he himself purchased out of his own income.
In this case, the father has the right, without a daughter's objection, to make a Will. In 2005, the Hindu Succession Act of 1956 was amended to allow daughters to share equally in ancestral property.
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