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Vinay Kumar T M (Administrator)     01 March 2015

Property registration before second marraige

Hi,

I need help. My father owns 6 acres land in Karnataka. Five acres are from my grand father and one acre was my earned by my father himself. Me and My brother are the only children to my father. My mother died recently.

We would like our father to get married again however we do not want to get into legal disputes for property later. My father suggests that, he will make a irrevocable gift deed of 2 acres of land to me and my brother each (inherited from grand father) and keeps the other 2 acres to himself. (1 acres he earned and the other one acre inherited).

He will have 2 acres of land to himself while he goes for second marriage. Will the second wife have any legal rights on the gift deeds he has made to his first wife children ? Even in the long running future ?

My dad has sisters but they are not interested in property. My dad wants to sell the land later and he says he will get their consignee withness while selling to third party. He wants to protect me and my brother from second marriage legal disputes.

Will the gift deed be valid if my dads sister do not sign ? My father has other brothers, I guess they have not got their sisters sign while transferring the property from my grand fathers name to my father and his brothers name. I guess this is another big topic legally.

In short, How do my father protect us from property dispute while he goes for second marriage. Even if its not perfect, atleast we should be 80% perfect.



Learning

 2 Replies

Kumar Doab (FIN)     01 March 2015

Succession opens upon the death of owner and personal laws applicable to deceased as per faith e.g. Hindu/Muslims etc of the deceased shall decide the question of succession........and share of children that includes daughters too. 

 

Agriculture is a state subject and state laws should be looked into.

 

After the amendment to Hindu Succession Act in 2005, married daughters are treated at par with sons and shall have equal share in estate of parents............before it the state laws shall decide the share of married daughters.

 

It is felt that the ancestral property should preferably be divided properly amongst the legal heir properly and partition deed be properly registered.

If the sisters are willing to relinquish their rights let it be by a registered deed.

The self acquired property can be given away by the owner in his life time to anyone by Gift/Sale/Transfer/Relinquishment  deed or WILL................

 

The legally wedded wife shall be having a share alongwith children to the estate of the husband......

Laxmi Kant Joshi (Advocate )     01 March 2015

If the inherited property is transfered to your fathers name only then your father can make a registered gift deed in yours favour otherwise first he have to complete the procedure of mutation of property , your step mother has no right in your fathers or in grandfathers property she cannot interfere anyways in future .

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