There are many types of laws regarding property division in India. Often the question arises that if brothers gift a property to their sister, will the sister have full rights over it or will her husband also have some role in it? Many people do not have the right information on this subject. Let us understand this situation from the point of view of law and know who has the right over the gifted property. This information is very important for you, especially if you are considering any legal decision related to property.
Husband’s right on the property received from the brother
If a sister gets any property as a gift from her brothers, then according to the law, the full right over that property belongs to that sister only. Once the Gift Deed is made, the ownership of the property completely comes to the person to whom it has been gifted. In such a situation, the husband has no direct right over it. If later the sister wants to sell that property or transfer it to someone else’s name, then she does not need to take the consent of the husband in the legal documents.
However, in a special situation, the husband can claim his share of that property. If the sister dies and has not made a will for that property, then the husband can demand his share as the legal heir of that property.
What is a Gift Deed
A gift deed is a legal document through which a person gives their property (such as land or house) to another person without any money. In this process, the person giving the property is called the donor and the one taking it is called the donee.
This document is considered legally valid only when it is made on stamp paper and registered in the registry office. After doing so, the full right over the property goes to the person to whom it has been gifted. Overall, the gift deed is proof that now the real owner of the property is the one to whom it has been given.