Legal obligation to divide ancestral property by way of gift deed

696 votes

If you are a Hindu your case is governed by the Mitakshara law . As per this law if your uncles inherited this property from their ancestors then they can not alienate the property by way of gift. A gift by the coparcener of his undivided share in the family property is wholly invalid because a coparcener cannot make a gift of his undivided share movable or immovable to a relative or to a stranger. No part of an ancestral property can be gifted away. If it is a self acquired property they can gift to any person of their choice.

Advocate G. Asok LawRato

723 votes

First of all your query is not clear. I just wanted to know who are you ?. The last sentence made me bit confusion. If the property is in the name of your uncles, they can very well give away their right by way of Gift or some other way. Once it is gifted the Donee will have absolute right. So he/she can dispose it in any manner as he/she desires. The Donor can't sell his right once he/she gifted his right of the property without Donees consent. Which means Donee has to return the property to the Donor. Kindly do make a call if you need further advice in this regard. Thanks.

Advocate Manoj Raghuram LawRato

858 votes

Hello !! Since the property is in the name of your uncle I believe it has been purchased out of his own funds. So your uncle can very well execute gift deeds in favor of his sisters and there will be no issues in the future. However, in order to avoid future legal consequences, after the execution of the settlement deed/gift deed, it is necessary that the sisters immediately enter into a partition deed and identify their respective shares in the land by mentioning clearly the extent of the land and more importantly the four boundaries.

LawRato LawRato

965 votes

Yes. But there should be a valid gift deed in favour of the sisters.the essential elements of a gift are 
(a) The absence of consideration;
(b) the donor;
(c) The donee;
(d) The subject-matter; 
(e) the transfer; and the acceptance

Advocate Abhishek R.V. LawRato