What is the legal validity of a gift deed of an Undivided family property?

Sir, My father in law had purchased (1994) a house in the name of my mother in law, who is a house wife and having no income source. Hence title was in the name of my mother in law. In the year 2009 he died. He left behind his wife and two daughters. In 2017 a deed was made and title was changed to joint name of all three i.e. mother in law and her two daughters each having 1/3rd share in undivided house property. Now my mother in law would like to gift her 1/3rd share to younger daughter by making a gift deed so that she should get 2/3rd share. I would like to know whether gift deed in this way is legally ok ? Can the percentage of share in property be mentioned in the property title documents while mutation ? Please help me in the above matter.

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Advocate By LEAD INDIA Answered: 21 Sep 2023

Yes, a gift deed can be used to transfer 1/3rd share of your mother-in-law's property to her younger daughter. This is a legal and valid way to transfer ownership of property. The gift deed must be in writing and must be signed by both the donor (your mother-in-law) and the donee (her younger daughter). The gift deed must also be registered with the Sub-Registrar's Office in the jurisdiction where the property is located. Contact us for further enquiry.

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