Legal Question in Family Law in India

Dear sir!

1. Iam having some properties which I have earned myself.

2. I am having three sisters. out of three one is not married . and she is nearing 40 years.

3. Now I have a proposal that the properties which are in my name be given to my unmarried sister.

4. In order to give the properties to my unmarried sister is it required that my wife has also to sign the document?

5. Iam having 4 years old son and iam nearing 53 years old. Iam HINDU

6. I request your earnest reply please.


Asked on 12/16/13, 1:53 am

2 Answers from Attorneys

If the property are not in joint name with your wife and are your self acquired property you can gift the same to your sister.what about the future of your son?? for further query contact 9312411481.

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Answered on 12/16/13, 6:27 am

As you have stated the property is a self acquired property. This means that the property has been acquired by you from your own funds. As such, the property can be disposed of by you to anyone. You have all the rights under the law to dispose of the said property according to your wish. If these properties are under your name, then you can dispose of the properties as per your wish.

However, if the property is in the name of your wife, you would have to get her signature. The Hindu Succession Act, 1956 provides for one share of the self acquired property of the husband to the wife as his widow that is after his death not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.

Therefore, if the property is yourself acquired property and is registered under your name, you have the right to bequeath or gift it to whomever you like; your wife and son have no legal stand in the same.

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/23/13, 12:13 am


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