Transfer of property in the name of one son
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
Father and two sons have got divided their ancesteral property situated in bangalore
during the year 1992.
Father had two surviving unmarried daughters during the partition time and both are now married and surviving.
Now the father wants to give his share to one of the sons.
Whether the division of ancesteral property done in the year 1992 amongs the father and his two sons leaving his two unmarried daughters,then,is legally valid ?
How the father can now give his share to one of his sons ? Can it be by gift deed or will? Will this transfer be legally valid.
Raj Kumar Makkad
(Expert) 24 January 2012
The daughters during the 1992 has right to maintenance in the ancestral property so both the daughters have also a share in the ancestral property and partition can be got cancelled if they agitate for their right. Moreover, their father is still alive so on demise of their father, they shall be entitled to inherit equal share as that of their brothers.
Father can use any mode of transfer but as discussed above, such partition and transfer of share in favour of one son is illegal and can be got set aside.
