I want to know about property transfer from father to son
Chandrakala
(Querist) 09 August 2017
This query is : Resolved
My husband having a sister... And we have 6acre land and plot in my husband father and grandmother joint name... Grandmother died in 2015.. Now that property transferred to my husband father name.. Is my husband father has right to gift that property to his son or me without informing his daughter... Is her sign needed to transfer property..
Ms.Usha Kapoor
(Expert) 09 August 2017
If it is your grand father's ancestral property your sister has right in that property as she is a coparcener on par with son after HSA amendment Act 2005. If it is your grand fathers self acquired property he can sell, mortgage, bequeath. lease etc and deal with it in whatever manner he pleases. So So your grand mother conferred your grand father's property to your husband's father who can enjoy as it is equal to his self acquired property.He can transfer the property by way of registered gift deed to your husband without his daughter or signature.
Ms.Usha Kapoor
(Expert) 09 August 2017
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Rajendra K Goyal
(Expert) 09 August 2017
The property was in the name of your father in law and grandfather in law.
If grandfather expired intestate his share would be inherited by all his legal heirs i.e. grand mother in law, other brothers and sisters of your father in law.
Father in law can sell / gift / mortgage / bequeath a will for his undivided share in the property in favor of anyone, no one can object.
Dr J C Vashista
(Expert) 11 August 2017
I agree with expert advise of Mr. Rajendra K Goyal.
However, the author has confused or manipulated instant question paper in writing its contents.
Rajendra K Goyal
(Expert) 11 August 2017
Expert Dr. J.C. Vashishta ji,
Thanks for agreeing.
Guest
(Expert) 11 August 2017
If property has already been transferred to your husband's father's name, as you have already confirmed in description of your query, he can dispose of the property in any manner he likes, i.e., he can gift the same to any of you.
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Guest
(Expert) 11 August 2017
I humbly differ with the views of both of Ms. Usha Kapoor and Shri Rajendra K Goyal, as the querist has already confirmed in her query that the property stands transferred in the name of her husband's father.
Question was about the duly transferred property, not about testate or intestate or about the shares for the legal heirs.
Moreover the title of the question also speaks about "property transfer from father to son," not from deceased mother to the legal heirs.
