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Limitations of a gift deed and validity of no objection in gift deed
07-Sep-2023 (In Property Law)
We are Hindus in chennai.i have bought a house in my daughter's name, she is 30. in case something happens to her, i want the house to come to my name and no one else should claim it or i should not have the work of getting No objection etc. what is the best way of doing it. what are the limitations of a gift deed in this regard.
Hi, Unforeseen things will always happen in everyone's life. I was surprised with you query. Your question is strange and you have not given much details on the circumstance of your case. I do not have detail understanding on the facts of your case. Without going deep into the facts i can suggest you the legal position. commonly It is possible by drafting and executing a WILL in your favour by your daughter. And not limiting to a WILL you may have other suitable options available. Only on knowing the factual circumstances of the case.
Regards,
G.P.Vijay Advocate
Regards,
G.P.Vijay Advocate
Helpful?
14+
14+
Adv. GP Vijay
Chennai | 200+ Answers
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A and B are the parents and X is the daughter
if X is unmarried and only daughter, her legal heirs would be A and B. Hence on her demise, property devolve upon her parents namely A and B.
If X is married, then on her demise, the property would devolve upon her children and husband. If no children, then only her husband.
So I would suggest not to carry out any documentations if she is unmarried.
IF she is married, then appropriate documentation could be done
Execution of a gift deed automatically transfer the right to the person to whom it is gifted and it becomes irrevocable.
Maybe a Will executed by your daughter in your favour would better suit ur needs. - however further information is needed in order to decide which best would suit your needs.
if X is unmarried and only daughter, her legal heirs would be A and B. Hence on her demise, property devolve upon her parents namely A and B.
If X is married, then on her demise, the property would devolve upon her children and husband. If no children, then only her husband.
So I would suggest not to carry out any documentations if she is unmarried.
IF she is married, then appropriate documentation could be done
Execution of a gift deed automatically transfer the right to the person to whom it is gifted and it becomes irrevocable.
Maybe a Will executed by your daughter in your favour would better suit ur needs. - however further information is needed in order to decide which best would suit your needs.
Helpful?
19+
19+
Get a Registered WILL in favour you, that is the best way, after life time of your daughter the property which you bought in your daughter name will automatically come to your hand, otherwise succession will open as per hindu law
Helpful?
23+
23+
Adv. R Jayakumar
Coimbatore | 25+ Answers
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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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