wsuktio 17 May 2023

Settlement of self-acquired properties in lifetime of owner.

Dear sir, good morning.

There is a general but important topic that affects many families. It requires clarification of the proper rule of law to avoid future disputes between members of family. Background of the matter is as follows -
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Hindu Parents (senior citizens) hold few self-acquired properties in sole and joint ownership. In their lifetime, they want to transfer the properties to son and daughter in this way.

One plot - Sole ownership of father (Want to transfer to daughter).
One apartment - Joint ownership (undivided share) of father and son (Want to transfer to son).
One apartment - Joint ownership (undivided share) of father and mother (Want to transfer to son).
One shop - Joint ownership (undivided share) of father and son (Want to transfer to son).
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Different lawyers have different views ranging from filing of civil suit for partition/settlement, approaching Lok Adalat, execution of gift deed, relinquishment/release deed, partition deed, settlement deed, etc. So, it has become very confusing.

Because of learned experts, this forum has reputation of good and trustworthy advice. Looking forward if someone can put light on the proper rule of law and the good way to achieve the above mentioned transfer of property. Thanking you in advance.

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Quick Summary

This discussion addresses how Hindu parents can legally transfer their self-acquired properties to their son and daughter during their lifetime. The parents own properties individually and jointly, and they wish to distribute them among their children. Various legal avenues have been suggested by different lawyers, including civil suits, Lok Adalats, gift deeds, relinquishment deeds, partition deeds, and settlement deeds, causing confusion. The core question is to clarify the correct legal procedure for such transfers to prevent future family disputes.

2 Replies

Dr J C Vashista (Advocate) 17 May 2023

The properties can be transferred by titleholder(s) by executing different deeds, as deem proper but donot have any thumb rule. However, titleholder can transfer his/her share to anyone of his/her choice.

What is your locus standi qua the properties ?

T. Kalaiselvan, Advocate (Advocate) 17 May 2023

This seems to be transfer of properties by the title holders in favor of their children.

Since there are various owners to different properties, it is advisable that all the properties to be pooled in sinlge document namely a family settlement document, divide the properties into different shcedules, and can transfer the properties schedule wise to the beneficiaries with all the parties to the deed siging the document and execute the same before the concerned sub registrar by paying the applicable stamp duty and the registration charges.