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.
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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.
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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.
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