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sr (developer)     12 May 2014

Agri land transfer

Dear Experts,

We are 2 brothers and 2 sisters. My father have an agri land - which come him by a death will. But that death will was not registered document before 20 years back. Now my father want to transfer this land to 2 brothers and not to sisters. What is the best way to do this process. What are the problems in that? Is the signatures from sisters are required for registration?

Thanks,



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     12 May 2014

The property belongs to all of you,(including sisters) , your father cannot write will or convey the total rights to any one of you, since it is a ancestor property. He  can convey his rights only to any one he likes. The best way is to partition the property among you people,by way of partition deed, if none of them falling in line go for partition suit. 

Laxmi Kant Joshi (Advocate )     12 May 2014

Your father can not write will of his ancestral property in favour of you two brothers , as this is an ancestral property in which your sisters have equal shares , the property will divide equally among you 5 members , i.e. every member will get 1/5 share on this property .

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

If the property was inherited by your father through a Will, it becomes his own property over which he has got full rights to dispose it in any manner he desires so, therefore his action of settling the entire property on his two sons alone can be considered as a legally valid  settlement, in this case he does not need to consult his daughters to take their consent for such a disposal or transfer.

1 Like

sr (developer)     02 June 2014

Dear Sir,

The will through which my father get the property was not registered will. But now the land is on my fathers name. Now we are thinking of transferring this land to we two brothers through the gift deed. Is this a better way. Please advice.

Thansk

Adv k . mahesh (advocate)     02 June 2014

take relinquishment deed from your sisters and make gift deed if your sisters does not oppose to it

T. Kalaiselvan, Advocate (Advocate)     02 June 2014

@SR: The Will need not be registered for it to come into force.  Once your father acquired the property  acting upon the Will, it becomes his own property and he can very well transfer the same on his two sons by executing registered gift deeds in their favor, he does not have to take consent of his daughters for this.

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