Land problem
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
My grandfather have land in Tamilnadu. After him, his sons had split the land among themselves and registered the partition based on my grandfather's will. Now my father had sold a small portion of land that he had acquired through the partition and had given the money to my sister and planned to give another portion of the land that he had acquired through partition of same size to me. We prepared the gift deed in my favour and requested my sister to sign on the gift deed. My brother in law is not permitting my sister to sign. Can my father transfer the land in gift deed form to me without my sister's signature? and if can, is it possible for my sister or her children claim the land later? Please kindly also advice me on the procedure as we are settled abroad.
Raj Kumar Makkad
(Expert) 15 February 2010
As you father has received the land through partition hence such land shall be treated as self acquired and in this case he is free to provide his land in favour of any person. so there is no any legal hurdle to have gift deed in your favour without obtaining any permission/acceptance etc. from your sister and she or her children cannot legally obstruct you or your father to execute the gift-deed as desired.
