Sale of house by father to son
Querist :
Anonymous
(Querist) 22 June 2020
This query is : Resolved
CAN A FATHER SELL HIS HOUSE TO HIS ONLY SON THOUGH HIS THREE DAUGHTERS ARE ALIVE ?
Raj Kumar Makkad
(Expert) 22 June 2020
The information provided by you is incomplete. Whether the said house is ancestral or was purchased by the mentioned father or had been purchased/built by his father?
Provide this information then you shall be told practically like a free of cost (nominal charges only) procedure of ownership transfer in favour of the son
Querist :
Anonymous
(Querist) 22 June 2020
VERY KIND OF YOU SIR. IT IS THROUGH FATHER'S SAVINGS AND BUILT BY HIM ONLY AND IS 80 YEARS OLD NOW. IT IS NOT ANCESTRAL PROPERTY.
Hemant Agarwal
(Expert) 22 June 2020
1. IF Father was the absolute sole Title-Owner of his self-acquired & self-financed property, THEN Father can Sell /Gift/ WILL /Lease /Mortgage /Donate /Whatever .... to ANYBODY (including his Son) and no other legal heir shall have any legal right to object on the same.
2, HOWEVER, "ALL" the residual Legal Heirs (including the Son) shall have EQUAL right /stake /claim on the Sale Amount received after sale of property.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
kavksatyanarayana 
(Expert) 22 June 2020
As your father has purchased the house i.e. his self-acquired and having full rights over the property and hence he can do it as he wishes.
kavksatyanarayana
(Expert) 22 June 2020
As your father has purchased the house i.e. his self-acquired and having full rights over the property and hence he can do it as he wishes.
P. Venu
(Expert) 23 June 2020
What are the facts? What is the context? The posting suggests that there are deeper issues.
Rajendra K Goyal
(Expert) 23 June 2020
Father can bequeath a will favoring his son, it can save stamp fee.
In some states, gift does not attract stamp fee if gifted to near relatives. Confirm the position in your state, if gift of property from father to son is stamp free (or with nominal stamp), it would be a good option.
Raj Kumar Makkad
(Expert) 24 June 2020
It shall be better if your father makes a will i your favour. Though there is no requirement of the registration of the will but it shall be better if such will is got registered so as to minimize any future disputes.
Guest
(Expert) 24 June 2020
In case of Will --the Legal Process is involved like Probating the Will etc and it could be objected on various grounds by other Legal Heirs and it could be money and time consuming as well if an legal battle arises. . Let your Father execute an Gift Deed as advised by Mr.Rajendra K. Goyal Or an Settlement Deed which ever is reasonable in cost. Discuss with an Senior Document Writer at concerned Registrar Office.
Guest
(Expert) 24 June 2020
Well advised by Mr.Hemant Agarwal
Rajendra K Goyal
(Expert) 24 June 2020
Father is 80 years old, will can be a better avenue if stamp fee is not free for gift from father to son, in your state..
Raj Kumar Makkad
(Expert) 24 June 2020
Gift-deed attracts stamp duty almost equal to the sale-deed in almost all States and who can guarantee that no dispute can be raised in case of the gift-deed? Probate is not necessary in all parts of India and is limited to certain places.
It is the desire of your father how to transfer the said property in your favour. My suggestion of registered will was just for saving the stamp duty but if you have to pay then opt sale-deed or gift-deed as you wish.
Raj Kumar Makkad
(Expert) 25 June 2020
No immunity is available for the gift-deed in favour of son by his father from the side of the other legal heirs.
Rajendra K Goyal
(Expert) 25 June 2020
Immunity against any challenge is not confirmed on sale deed also.
Dr J C Vashista
(Expert) 25 June 2020
Father is well within his rights to dispose of the house to any person(s) of his choice, he is sole and absolute owner.
Rajendra K Goyal
(Expert) 25 June 2020
Author has asked an academic query with out actual material facts. Author need to advice:
What is the actual problem?
Why sale deed needs to be executed?
How many legal heirs are there?
What type of property is?
Sudhir Kumar, Advocate
(Expert) 25 June 2020
if git deed is challenged then the applicants are other persons and he is in the property.
If will is challenged he is not in the property during proceedings.
Raj Kumar Makkad
(Expert) 25 June 2020
This is coincident whether the beneficiary remains in or out of the property in either of the three discussed options.
Rajendra K Goyal
(Expert) 26 June 2020
Also out / away from the thread to provide required information.
Raj Kumar Makkad
(Expert) 26 June 2020
Of course, the author may not respond after posting of his post and the experts may be seen making discussion among themselves only.
Rajendra K Goyal
(Expert) 26 June 2020
Fact is experts are more sincere than the author in some cases.
Raj Kumar Makkad
(Expert) 26 June 2020
Sincerity of the experts is the root cause of the popularity of this portal also.
Rajendra K Goyal
(Expert) 26 June 2020
Not only sincerity but dedication, pain is also there.
P. Venu
(Expert) 26 June 2020
Sincerity is not synonymous with officiousness.
Raj Kumar Makkad
(Expert) 26 June 2020
The pains of a lawyer cannot be described in words.
