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Lakshminarasimhan.N (Consultant )     24 October 2015

Transfer of the father property

Hi, My dad has a own plot on his name in Srirangam, Tamil Nadu and he has earned the property on his own(no ansestor property). I am constructing house on the property now, with the cash in my hand. He has promised to me that both house and plot are for me can be enjoyed during his survival and after him and says he dont want to give share to his daughter.I  have only one sister and she is settled abroad. My sister says she too dont want any claim on the property. so from my end i am gifting her 20 soverign of gold.She is ready to sign an affidavit on the same.My father want the Plot, EB  connection, Property tax on his name as along as he is surviving and not willing to transfer the property on my name until he survives. He says after his demise the property can be enjoed by me.  Can i make a "will" on the same and get it registered? Can i get an affidavit from my sister stating that she needs no claim on the property? How should i go about. I want the property to be transfered on my name after my fathers demise with no legal complication. Please guide.


 8 Replies

saravanan s (legal advisor)     24 October 2015

Ask your father to write a will on your name.
1 Like

Anil Upadhyay (Lawyer)     24 October 2015

Property is self acquired, so your father has all the rights to dispose the property according to him, therefore no affidavit is required from your sister. 


As suggested by Mr. Saravanan, asked him to make will in your favour and get it registered.



Lakshminarasimhan.N (Consultant )     24 October 2015

Hi Saravanan & Anil, Thanks for your inputs. Creation of "will" and getting it registered, can a lawyer help on these? Is  there anything more to be done from my end other than "Will" creation and registration? Thanks.

adv.raghavan (Advocate,9444674980)     24 October 2015

Apart from WILL,It is better to get the property settled in your name with life interest of your father, and your sister has to relinquish her rights over the property on the safer side, and it has to be registered.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     24 October 2015

with an amicable way ask your father that a gift deed can be registered in your name by keeping life interest of your father.  As the property is your father's self acquired, relinquishment deed or affidavit of your sister is not necessary.

1 Like

Advocate Ravinder (Advocate/Attorney)     25 October 2015

It is better to get a registered gift deed in your name mentioning all the conditions your father is willing.  Since the property is self acquired property of your father, there is no need to get release deed from your sister.  This is the best method.  If your father is not ready to give regd. Gift deed, ask your father to make registered will deed mentioning all the conditions he is willing.  But there is a risk in this method.  Your father can change the will whenever he likes. He can sell the property to whom so ever he likes even to a stranger. For further doubts contact to my mail.

1 Like

T. Kalaiselvan, Advocate (Advocate)     31 October 2015

In the given situation you may ask your father to execute a Will in your favor bequeathing the properties in your name and get the will registered before the jurisdiional registrar's offie. This will shall take care of all the future complications that may arise.  You need not take any affidavit from your sister for give and take issues.  This affidavit may not stand ground when produced before court and if she denies it, then the same may not find any value anywhere. 

Hence a registered Will bequeathing the property to you will take care of all the other issues that may arise in the future. 

1 Like

kalyan   31 October 2015

Dear Friend it is better to you to get a will from your father and the same will be registered in the local SRO office. More over it is better to put the sign of your sister as a witness in the will as well as in the SRO office. No need seperate affidavit

1 Like

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