DEEPA DWIVEDI (family Business) 07 April 2015

Father's property

Hi Experts, My father have porperty and they want to transfer all property to my brother name. so I have query I have 1 brother, Can Father simply make a gift deed in my brother name without asking me and without taking NOC from me.

Kindly explain me the whole process? Can my father do such type of partition ? Can he register a gift deed in my brother name ? if he has registered a gift deed in my brother name , can not i claim now ? Help me ...

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4 Replies

M.Sheik Mohammed Ali (advocate) 07 April 2015

you are not mentioned the above property is either self earned or ancestral property

if self earned by your father you could not claim any claim

if ancestral property you have rights to claim.

DEEPA DWIVEDI (family Business) 07 April 2015

Respected sir , the property that my father had is earned by himself . Sir , in place of gift deed , if my father write a will in my brother name then can i claim ?

because , my brother and father dont have money to register that gift deed because the property rate is ( according to govt guideline ) is very high . then the only option my father have is to prepare a will . Then can i claim for my partition ?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 07 April 2015

Mam, If its a self acquired property your father cam dispose of the way he wish to .... Yes but will is better because you can challenge the will in future if it has been made fraudulently... Warm Regards Kapil Chandna Adv 9899011450