Can a father gift his property to son without consent of wife, daughter? (2024)

Raj Lakhotia, Founder, Dilsewill answers readers queries on succession related laws.

A father gifted his self-acquired property to the son without the knowledge of his wife and daughters. The daughters got married in 2011 and 2013, while the mother was thrown out of the house by the father and son. What are the rights of the mother and daughters in this case? — Sukanya Sharma

Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone. However, the mother and daughters being legal heirs and interested parties in the concerned property, can dispute the said transaction of gift. Besides, the mother has a legal right to claim maintenance from her husband.

My father died intestate after 2005 and his self-acquired property was divided among my brothers and mother without my consent. I was made to believe that married daughters in Uttarakhand do not have this right. Is this true? — Bimala Kumari

As per the Hindu Succession Act, 1956, you as a daughter have an equal right in your father’s self-acquired property if he died intestate. The Hindu Succession Act, 1956, is applicable to all the Hindus in India, including in the state of Uttarakhand.

I am 52 years old and have ancestral property in Kerala. My father has expired while my mother is still alive. The claimants for this property are more than 20. Some have expired, some are not in contact, some are not interested. I have no survey number for record, but I know the names of my maternal great grandfather and grandmother. How can I proceed in order to know the survey number? Does the family tree rule apply in Kerala? — Sukumar Hari

There are many ways to get the survey number of the concerned property. Some of the options are as follows:

• You may follow the process of searching by taking help from a provincial advocate, or;
• You can file an RTI with the municipality or panchayat or any other organisation from where mutation was done or where mutation generally takes place in that particular area, or;
• You may apply to obtain the copy of the demand register.

The family tree is to be submitted in order to obtain the succession certificate. Yes, the family tree rule is applicable in Kerala as well.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

(Your legal guide on estate planning, inheritance, will and more.)

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