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Can I gift self purchase property to only one son

Shivendra Pratap Singh

Advocate

06/07/2021/ 5:48:52 PM

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Question: My name is XXX from Bangalore. I have six sons and four daughters. All are married and settled in different parts of India. My youngest son takes care of us and he is very nice among all of them. Can I gift self purchase property to only one son by excluding others. Whether all remaining children’s signatures are required for a gift deed? 

Question from: Karnataka

Can father gift self acquired property to one son

Father is the absolute owner of his self acquired property therefore, he can gift his self acquired property to his one son by excluding other children. The other children cannot object to the gift deed because they have no right to interfere in the father’s self purchased property.

In C.N. Arunahcala Mudaliar v C.A. Muruganatha Mudaliar, [AIR 1953 SC 495] the Supreme Court has held that the father has absolute right in alienation of his self acquired property. His male descendents cannot raise any objection against the alienation. 

Your children cannot claim partition or any right in your self acquired property unless they have contributed in purchase of that property. When your children have contributed in purchase a property that is not your self acquired property. If you have purchased a property out of your own income or resources then it is your self acquired property and no one will interfere therein.

A man has absolute right under the Hindu Law to dispose of his self-acquired property in any way he chooses.

Vadrevu Sankaramurthi And Another v. Vadrevu Subbamma

Transfer of property from its owner to another person without consideration is a gift. When the donee accepts the property gift is complete. Thereafter, ownership vests in the donee. According to section 123 of the Transfer of Property Act, a gift of property value more than five hundred rupees must be 

  • Signed by or on behalf of the donor
  • Registered 
  • Attested by two witnesses

Once the gift becomes complete you cannot cancel the gift deed. An unregistered gift deed has no legal value and donee cannot claim ownership on the gifted property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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