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drreddy (manager)     07 August 2010

How to get fathers property transferred, the best way?

Dear lawyers in india, u all are the best people to seek legal advice in india, please give best and safest advice. We are two children to my father me and my sister, iam the only son, my sister is married and my father has given her share of money 2 years after her marriage, now my father wants to transfer all his fixed property like agricultural land to me, he became sole owner of property , which was in my grand fathers name,which he bought during his time. My father gave a part of property to his brothers and they relinguished their claim, now my father wants to transfer to me, without giving anything to my sister, which is tjhe best way to do it, is the gift dedd by my father towards me ok, can my sister claim after gift deeed later on, please let me know which is the best method my father can do , so that my sister canoot claim anything.  



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 9 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     07 August 2010

Your father could gift away the properties acquired by him; your sister cannot question it. However, your father cannot gift the property that came to him from his father. At best he can give you his share in the property.

Arup (UNEMPLOYED)     07 August 2010

" he became sole owner of property , which was in my grand fathers name,which he bought during his time "

- the said property is your ancestral property and your father has no right to gift you.

- the said property firstly divided among your father & his brothers and sisters equally.

- thereafter, your fathers share will be devided into you & your sister.

- if your father have self earned property, that can be gifted to you.

- the best way to transfer the property (self earned) is  by the way of gift.

-  if you wants to deprive your sister from her legitimate claim, get it doneted to you by her or request her not to claim.

- even if she do not claim, after her , her warishons may claim.

M.S.Bhalerao (advocate)     08 August 2010

Get relinquishment letter on appropriate stamp  and affidavite from your sister, produce it to revenue authorities and get your mame added to in the records of rights. you will inherit the property.

ad. creaminall (professional Advocate)     08 August 2010

i agree with Mr Bhalerao

Gopal Singh ( Advocate)     09 August 2010

Mr. M.S. Bhalerao advice is proper in this matter.

drreddy (manager)     11 August 2010

sir, can my father do sale deed for me, which i suppose would help,  how helpful it would it be to get sale deed done in favour of me, i really dont have such a big amnt to buy property , but  my father is willing to do sale deed, how can i substantiate my income as if i have bought it, can say in future that i have got some money as dowry and as if i have some private loans 

drreddy (manager)     11 August 2010

thank every one, if not can i ask my father to gift it to my wife, then ask her to gift it to me

R.Ramachandran (Advocate)     18 August 2010

Dear Mr. Reddy, please understand the legal position first.

According to you, the property originally belonged to your grand father.  That means, the property is not self-acquired by your father.  Upon the death of his father (i.e. your grand father) your father might have received his share. His brother and sister might have received their share.

The share received by your property is not his individual property.  He is not the sole owner.  The said property is a co-parcenary property.  That means, you and your sister also have a right in the property.  As such, your father cannot dispose of the property in any way i.e. he cannot sell it either to you or to your wife or to any one else.  He cannot gift it to you, to your wife or to any one else.

The property needs to be partitioned in equal share amongst you three i.e. your father, you and your sister.

Once such a partition takes place, your father can either sell or gift his share to any one (i.e. you or your wife etc.).

But your father cannot deny, under any circumstances, a share to your sister.  Spending on the marriage of your sister is your father's responsibility and liability and duty.  By saying that he had spent money on the marriage of his daughter, he cannot deny the share in the property to your sister.

YOU SISTER CAN CLAIM HER SHARE AT ANY POINT OF TIME.  EVEN IF YOUR SISTER CONSENTS TO GIVE HER SHARE TO YOU, YOUR SISTER'S CHILDREN CAN STAKE A CLAIM LATER ON.

You cannot escape this situation.  The legal thing would be to give your sister her legitimate share of 1/3 of the property and enjoy the remaining 2/3rd (1/3rd yours and 1/3rd your father's share to be gifted to you by him) share. 

drreddy (manager)     23 August 2010

thanku lawyers for ur valuable suggestion name by name


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