Uncle wants to donate his share of HUF property to his nephew
18-Dec-2023 (In Property Law)
Sir. I live in a joint family. I have two uncles who jointly own the property. But this property is not ancestral property. My elder uncle is a bachelor and his younger brother is married and has a wife and minor daughter. My elder uncle wants to donate his share of the undivided property to me (nephew). But his younger is objecting to this decision. He is saying that my elder is a bachelor so he can't donate his share of the undivided property to me. Neither can he sell it without his and his wife's consent. My elder uncle is surprised because he says while he alive he can donate to anybody.
As per the Hindu Succession Act , your uncle has right to give his share to who so ever he desires by executing a Will.
Even during his Lifetime he can gift the property by executing a Gift deed. Your uncle does not have to seek your uncles no objection, as he is giving his part of share in property.
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