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Personal   04 July 2023

Need clarification on property law

Hi Sir/Madam

We are 3 brothers. My father had 6 acres of agriculture land. It was in two different places. Due to some reason we sold 3acres of land and bought it another place and my father registered it favour of elder brother in the year 2007. Since my father already given 3 acres to my elder brother.  Remaining 3 acres he wanted to divide between two younger brothers. However my elder brother saying the earlier one was his property and demanding more from my father. But my father refused and said will be given to remaining two brothers. My father already written the 3 acres of land in the favour of last two younger brothers as a will and registered a year back. Now my father want to give it as gift deed to avoid any legal issues in future unnecessarly as my brother is fighting with him everyday.
We would like to know whether will is good enough or getting as gift deed is better considering not to go to court later stage for any reason. Kindly help me to understand.

Thank you in advance!


 11 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 July 2023

If the property is your father's self acquired property your brother cannot ask for anything.  If it is ancestral file a partition suit in court.

1 Like

Dr. J C Vashista (Advocate )     05 July 2023

You have not mentioned whether the subject properties are your father's ancestral or self-acquired.

It is better to show the document to a local prudent lawyer for appreciation of facts/ documents and professional advise. 

Real Soul.... (LEGAL)     05 July 2023

It is better that your father to gift the property to other two shareholders and also make a will – in the will deed he should mention that he had given already 3 acers of land with detail to your brother and the rest of three acers has been gifted to you two. That will end the issue. Register in court all the documents 

1 Like

Mr. Sumitra kumar (Advocate)     05 July 2023

The very first thing you should tell that where do you live? 


Niharika Lohan   08 July 2023

Hi, I’m Adv. Niharika and here is my take on your query.

Will is a testamentary document which will have effect only after the death of the person who executed the will (testator). And only then you will become the owner of the property.

Gift is a kind of transfer under which you will become instant owner of the property (provided a valid gift deed is executed registered and witnessed by at least two persons.)

In your case your brother is agitating the same at the time when you r after is alive so it is for sure that he will become a hurdle in getting the property via will.

Therefore, in my opinion you should go for Gift.

I’m attaching a relevant article for your convenient reading, kindly find the link below.

I hope the above information is useful to you. In case of further queries, you can contact me via email at

1 Like

P. Venu (Advocate)     12 July 2023

Yes, executing the Will or settlement deed is the best option. A Will (even if registered) has its limitations. It becomes effective only after the lifetme of the testator. Morevover, the testator can alter or cancel the Will at any time during his life time; it is the last Will that prevails. In the eventuality of the Will being contested (after the demise of the testator), it needs to proved on the strength of the evidence deposed by Witnesses. And remember, in our country, Witnesses could be influenced to tender false evidence against which, on proctical terms, the courts as well the procedure (and even truth) is helpless.

1 Like

AGA ARVIND   12 July 2023


I am a lawyer with 27 years.

About Will I agree with others.

Gift deed is always better if all the siblings are in allignment with what the father is poposing to do, yes he can gift his self acquired propery to any of his legal heirs as per his wish, but there is a limitation period as per the limitation act ,where the other excluded legal heir can challenge the gift deed in the court of law.Hence inorder to avoid the future litigation better to get the entire property by way of sale deed by father to other sons.(this will attract stamp duty).but it will give full right on the property to the two sons who are getting this.

I have a similar legal client who is suffering due to the gift deed .The other sibling who didnt get the share has filed a civil suit against the sibling who acquired right of the property from their father  through a gift deed, after 28 years.It is very time consuming to get a conclusion from court of law.

1 Like

Mr. Sumitra kumar (Advocate)     12 July 2023

False query. Deserves no reply.

Thank you.

Personal   17 July 2023

Sir, It is my father's self aquired property got it as his share through partition from his brothers.

kavksatyanarayana (subregistrar/supdt.(retired))     17 July 2023

So your brother cannot ask him for a share.

1 Like

Personal   18 July 2023

Sir/Madam, I believe my father property is considered as self aquired property since he got the ancestor property through partition between his brothers.

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