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sanjay (other)     23 December 2010

Ancestral property

Ancestral property being converted to sites and are registered as partition deed after father expired, among the wife (W), children (A,B,C,D,E (SONS)  F,G (Daughters).

“A” wants to transfer the scheduled properties (prop - X for wife, Y for children) to wife and Sons (both are minor).

What is the best way to do it to secure the property for better future of children?

Gift deep to wife (prop x) and for prop (y) making the wife as guardian for both children.



Learning

 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 December 2010

this is the usual and traditional way

Amit Bose (Professor)     24 December 2010

SIr,

           What are the contents of W/s (Written Statement of Defence)?

                                                          Thank you

                                                                                                    Amit Bose

                                                                                               amitboseonline@gmail.com

                                                                                           Mobile No-> 9300799061

                                                                

shyam pareek (advocate)     24 December 2010

u give me full detail of your property in my mobile no.09828283801.i can suggest  what is the best way because  i deal this type matter.

Bharatkumar (ADVOCATE )     25 December 2010

after partition deed "A" is owner of his property so he has transfer his property in his wife name and son/daughter name, so he can maka a Sale Deed / Gift deed / Release Deed for that and transfer his property, but first he contect local lowyer becuz how many stamp duty / registration fee pay at the time of registration this type deed.  

Partik Jani (Advocate )     19 January 2011

Atten, Mr. Sanjay : Firstly you shall take steps to obtain individual title of each repsective properties. Say each parties to the are having 1/8th undivided share right, title and interest in the Ancestral property  even there is Partion Deed thre ius no individual title document. (If A want to mortgage his share of property with bank than what document he will offer as security to Bank as thre is only one comman document i.e. Partition Deed and as thre is comman document so he will have to take consent of other heirs )so I advice you to kindly get Deed of Release executed from all legal heirs of father to get individual title. I further adise that you may make a Will and creat Trust in Will by appointing Executiors of Will as Trustees of the Trust and secure both your wife and childrens interest.

Regards (Pratik Jani Pime-Legem)


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