S S Raghav (IT Professional) 19 July 2011

Transfer property from father to his sons

Our father have two type of property in his name. First ancestral property which he got from our grand father. Second, He purchased some land with his own. Our eldest brother got his share through a gift deed .Now we remaining three brother want to take remaining land in our name. We tried to get through family deed but came to know that family deed can be done for ancestral property only. For purchased land it can't be transferred threw family deed.

I want to know how we can get remaining land in our name without making our eldest brother as a share holder as he has already taken his share. Importantly Father is in our confidence and ready to give his cooperation anywhere as required. Please suggest.

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4 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442) 19 July 2011

As the property which belongs to your father is a self acquired one, he can very well execute a settlement deed in your favour in which he can mention that there is nothing for the other son as per this deed since he has already received his part in the other deed.

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suresh (Advocate) 20 July 2011

Dear Mr.Raghav,

The property being the self acquired by your father, he can exeucte registered gift deed, but you need to prove the property is self acquired by your father.

Regards

Suresh. N.V.

Advocate

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S S Raghav (IT Professional) 20 July 2011

Thanks for valuable suggestion. But my problem is, Eldest brother have already taken more than his share in fathers self acquired land through a gift deed. Now when he already taken more than his share, we want to stop him to take his share in ancestral property. How it is possible.

Actually we want to make a family settlement deed where we want to mention this gift deed no (by which eldest brother already have taken his share, even more than his share) and on behalf of this settlement deed we want to distribute remaining land in remaining share holders barring to our elder brother for his share. Is it possible.

I had discussed to some people in this sector but they are denying for it , saying it is not possible but I am unable to understand why ?

I hope some of you will definitely respond to my queries . Thanks

venkat (manager) 25 July 2011

my grand father died in 2004.my grand mother has still alive with my family(son's).my father had four sisters.out of them two aunties marrage had before 1982 and 3rd aunty marrage held on 1991 and 4rth aunty marrage held on 2001.all my properties are in the name of my grand father and it is not his own ,its came by succession.he won't give to first 2 aunties to any property and gave 3rd and 4th some of the property and they are enjoying thier rights.now 1st two aunties are argued that we had a right in his(grand father) property,and one more passbook had taken away by my aunties(first and second) forcefully and they are not given to us till now(2004-2011).

clarify regarding this issue: 1. are they having right on my grand father property? if yes how and what extent?

2.how we can get passbook?

if possible please send me to my mail id(venkatbattineni@gmail.com)