Transfer of land from father to sons

Querist : Anonymous (Querist) 28 May 2020 This query is : Resolved
sir, we are 5 sons to our father. my father has a self-earned property of agricultural land. Our 2nd brother had sold his share of this land to us (4 brothers) due to his financial problems. My query is: do my father can make a gift deed for this land in favour of us (4 brothers) without the involvement of our 2nd brother. Will that gift deed is legally valid. or our 2nd brother should have to give any consent in written form that he will not claim anything in future. please answer my query at the earliest.

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Your father, as the owner of self-acquired agricultural land, has the full right to gift it to any of his sons, or a group of them, using a gift deed during his lifetime. The consent of the second brother, who previously sold his potential share, is not legally required for this gift deed. While a gift deed transfers ownership immediately, a will allows the father to retain control until his death. Experts suggest a gift deed is often preferable for the sons, but a will might be better for the father if he's concerned about future care.

Rajendra K Goyal (Expert) 28 May 2020
The agricultural land is self-acquired property of your father. During his lifetime he has right to sell / mortgage / gift / bequeath of his self-acquired property in favor of any person from family or out of family, individual/group / trust / company / partnership etc. Any son cannot object legally.
During lifetime of your father your second brothers had no right on any portion of the property, so any sale deed executed by him is not valid / legal.
Your father can gift / make a will of this property favoring any or 3-4 brothers jointly, during his lifetime, other brother can not object.

Raj Kumar Makkad (Expert) 28 May 2020
Your father is free to dispose of the said property as per his whims and wishes in any manner of his liking including gift, will, settlement, sale etc. None other than your father has any right over the said property. Your second brother has no say in the said property like you remaining 4 brothers.

I think your second brother might have obtained ovaluation money of his proposed 1/5th share in the property duly owned by your father and no registered sale-deed would have been registered by him in favour of you 4 brothers as it cannot be done.

kavksatyanarayana (Expert) 28 May 2020
Your second brother has no right over the self-acquired property of your father. So the sale deed executed by your brother is not valid. Your father can sell or gift to any person as it is his own property. Your father may execute a Will or Gift deed in favour of all his children or in one's favour or in his wife favour.

SHIRISH PAWAR, 7738990900 (Expert) 29 May 2020
Hi,

Your father is very much competent to execute gift deed in favour of his 4 sons excluding one son. You and your brother will acquire title only after death of your father so the consent of 2nd brother is not required.

Regards,

Rajendra K Goyal (Expert) 29 May 2020
In case your father do not want to execute gift deed at present, he can bequeath a will as per his wish. Registration of will is not mandatory.

Raj Kumar Makkad (Expert) 29 May 2020
I shall never suggest you for the execution of the will on the part of your father as this shall definitely invite subsequent litigation keeping in view the scenario of our social life. Registered Gift Deed is the best way if your father wants.

P. Venu (Expert) 29 May 2020

The facts, as stated, are misconceived. It appears that you have not disclosed the complete facts.

How could the brother sell his 'share' in the father's property during the father's lifetime?

Has the father already transferred the said portion of his self acquired property property through settlement or gift deed?
If so, what were the special circumstances that warranted such an unusual step?

Are those conditions narrated in the conveyance deed and specify any conditions?

Please post the material and complete facts.

Rajendra K Goyal (Expert) 30 May 2020
Agree gift deed is better for the recipients, will is better for father if sons do not care of him after gift.

Raj Kumar Makkad (Expert) 30 May 2020
Mr. Goyal to kindly review the words- wil is better for father if sones do not care of him after gift.

How after a gift, father can make the will? Gift means extinguishing all rights over the gifted property on the part of donor father. One he do not remain owner of that property and his sons neglect him thereafter then the consequences are others which are not the subject matter of this query hence I do not touch those just for the want of increasing the threads.

Dr J C Vashista (Expert) 31 May 2020
Well explained and advised by experts, which I fully agree and appreciate.

During life time of your father your 2nd brother has no right, claim, interest or title in the self-acquired property of your father till some arrangement has been made by him (father in favour of 2nd son) for trnasfer of part property.
Gift or sale of the property by father in favour of his other sons, except 2nd son, may be preferred over bequeathing it by executing a will.

Rajendra K Goyal (Expert) 31 May 2020
A will can not be bequeathed after gift. If father is of the opinion/ think / consider that the sons may not care for him after gift, he should prefer will.

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