Suri Kam singh (none) 14 October 2011

Ancestral home

Me and my brother bought a residence but put it in Dads name as were sailors, Dad expired after 2 years,

leaving Heirs( Mom, Myself, Brother and 2 sisters)

I paid up my Brother and took affidavit for Consideration on favouring my name, Mom and sisters gave consent to transfer property on my name for LOVE towards me.

can I sell this property, Can I gift this property to my kid, can I gift this to an outsider,

My present wife has not legally divorced from her EX, Can she or her Kids from previous marriage claim this property

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1 Replies

Advocate Vishnu (Advocate) 14 November 2011

Dear surinder singh,

you must take a release deed from your mother,brother and sisters as all of them are legal heirs to the property and the mutation must be done on your name.

Secondly, since your present wife has not been legally seperated from her earlier marriage , she will not be considered as you wife according to law. If she has children from her earlier marriage they cannot claim a share in your property. If you have children with her they can claim a share only after your death and they will have no claim to your ancestral property if any as you are not legally wedded to your present wife.