Legal Question in Wills and Trusts in India
Can my Dad gift property through a deed?
My Dad has a house and some farm land. While the house has been purchased by my father
, the farm land was bequeathed to him by his father.
We all agreed in good faith that my brother will get the house and I will get the farm land.
My father has gifted the house through a deed to my brother though a deed.
However my father has not gifted the farmland to me through a deed and instead has written a will which will give me right over the farmland after his death.
He says that inorder for him to be able to deed the farmland to me,my brother needs to sign relinquishment. I am not inclined to believe this because my grandfather did not die leaving the farmland interstate
and the farmland is currently in total legal possession of my father. Why can he not gift deed
the farmland to me just has he gifted the house to my brother? Why does my brother need
to sign relinquishment when I did not have to sign relinquishment for my father to gift deed the house to him? When
my father can leave the property to me through a will, why can he not gift deed it to me if he chooses. Why does relinquishment apply for the deed and not to a will?
2 Answers from Attorneys
Re: Can my Dad gift property through a deed?
By law of inheritance both of you brothers acquire rights on the farmland.So you have to seek your brother's signature to inherit the farmland in spite of WILL,gift deed,etc.
Re: Can my Dad gift property through a deed?
The gift or the will about any ancestral property may not be valid. Therefore, relinquishment from other legal heirs may be required.
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