News India Live, Digital Desk: (Property Donation rules) Who is the right to the property, the more important it is to know, the more important it is to understand what are the rules to donate property. Most people (perhaps 99%) are not aware of these legal rules. A common question that is often asked: Can a father donate his property to someone? If yes, what will happen to the son’s rights? Will the father have to get the son’s permission to donate property? Come, let’s know what the law says about this.
Is it necessary to allow legal heirs?
Just as there are rules for giving (transfer) to property heirs, there are also rules for donating, especially if the property is inherited.
-
Inherited property: If a father wants to donate his property that he has received from his ancestors (ie inherited and is still divided), then the law says that he has other property Legal heirs (eg son) or successors will have to get permissionWithout everyone’s consent, he cannot donate such property.
-
Returning the property in the gift: Also know that if you have given a property to someone in gift, then it can also be withdrawn in certain circumstances.
Who can donate property? (Rule)
Staying within the purview of the law, any person can donate property, but there are some conditions:
-
Owner: Donating person of that property Legal Owner Should be.
-
Own -earning property: If the property donor himself has bought or made from his earnings and is in his name, then it is easy to donate to him. The father does not need a son’s permission to donate such property.
-
Shared property: If there is a share of more than one people in the property, then no one partner Without the consent of the rest of the partners Can not donate your share or whole property.
-
Disputed property: A property that is having a quarrel or someone else is occupied cannot be donated.
-
Mentally healthy: The person donating should be mentally healthy. If a mentally unstable person donates his property, he can be stopped by challenging in court.
-
Other restrictions: If the property is mortgaged or there is any restriction from the court, then it cannot be donated.
Rule of donating property inherited:
-
As mentioned above, if inherited property Is divided And the property that has come in the father’s part, in a way, becomes his own (self-aquired) property. He can donate such divided property without any permission.
-
But, if property Undivided (not divided) So to donate it The consent of all legal heirs is necessary.
Rules to withdraw property in gift:
-
“Property Transfer Act” Section 126 Under, the property given in the gift can be withdrawn if to give a gift The motive is not fulfilled,
-
This requires that while giving gifts “Gift deed” (donation letter) It has been written in the condition that if the person taking the gift does not fulfill the condition or purpose, then the property will be withdrawn.
-
Example: Suppose someone donated the land to build an orphanage, but that land started being used in some other work (such as shop). In such a situation, a person donating can claim to withdraw the property by going to court.
How many property can you donate?
How many property you can donate, No limit Is. If you want, you can donate your entire property or some part of it. If you are donating just one part, then it will have to be clearly visible in the paper and if possible, then its electricity-water connections will also have to be separated.
Can you have rights even after donation?
This is a complicated question. Generally, the owner’s right ends after donating the property. But, while donating a person in some situations Can be conditioned Is that he will use that property or take his rent throughout his life. It completely Consent of donor And Conditions written in gift deed Depends on. If the donor takes these conditions, then only the person who gives the donation can also have some rights.
The post father’s property donation: son’s rights and legal rules, know the whole thing is first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
