• Upholding notarized document

Hello Sir,

 My Dad has a self-owned property in his name and my brother has build another floor on top of it and modified/updated the ground portion over a period of time. My brother promised me that he will take care of my parents and asked me to transfer my rights on a bond paper, which I notorized and sent to him. Now, my parents are not with him, they are living on the ground floor and my brother lives on first floor. My dad's will is not yet public and he once said, he will have equal share for all his children - 3 daughters and 2 sons. What should I do to revert back my stand or change over from the document that I gave to my brother.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

1. Since the house is self-owned property of your father during his lifetime you or your brother have no right of sahre in it.

2. So your purported transfer through the Bind paper during the life time of your father in pre-matured one and has no force in law.

3.Moreover no immovable property can be transferred by way of mere bond paper undertaking Such transfer is mandatory registrable.

4. So there is no need to take back your share which is never yours.

5. So on death of your father the proeprty would either be equally divided if he leaves without any Will or as per terms of his Will.

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

1. There is no legal sanctity for the notarised bond paper wherein you have stated that you have transferred your rights over the property to your brother.

2. Since it is your father's self acquired property and is still alive, except him none has got right over the property, including his wife & children.

3. Your father, being the owner of the self-acquired property, can take independent decision over the property, including giving equal share to all his children or otherwise.

4. If anyone desires to Gift or Release his/ her share in favour of the other sibling/ S, a Gift or Release Deed has to be executed by the person who is relinquishing his share, duly paying the requisite stamp duty to State Govt and getting the document registered in the Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5106 Answers
314 Consultations

5.0 on 5.0

1) deed of gift or relinquishment needs to be duly stamped and regsitered to be admissible in evidence

2) your brother cannot rely upon said notarised document in court of law

Ajay Sethi
Advocate, Mumbai
94657 Answers
7524 Consultations

5.0 on 5.0

inform your father about document executed by you on bond paper

2) inform him that it was done on basis that brother would look after them in their old age

3) please note that you cnanot dictate how father bequeaths property under his will

4) your father can bequeath property as he pleases

Ajay Sethi
Advocate, Mumbai
94657 Answers
7524 Consultations

5.0 on 5.0

The document that you executed in favour of your brother has to be perused to know what rights have created by it. If it is a relinquishment or gift deed then it cannot be revoked by you now. However, if the property is the self acquired property of your father then during his lifetime he is at liberty to make a bequest in your favour by excluding your brother. He is not bound to make an equal division in favour of his legal heirs. The right of title holder to discriminate among his legal heirs while making a settlement of his property is well recognized by the law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can not relinquish or transfer your right on your father;s properties by signing on a bond paper. You shall have to register a relinquishment deed in favour of your brother to transfer your share of the property in his name.

2. However, the question of such transfer will arise only if your father dies intestate i.e. without executing a Will or registering a gift deed in favour of anybody he wishes to.

3. You can tell your father straightway that you have changed your mind about relinquishing your share of his property if he wishes to give you his share.

4. It is to be noted that neither the children nor his grandchildren of your father has any right on his property during his life time.

5. Relax, your said transfer on Bond paper will have no effect since it has not been registered.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You can not let your Dad has your share since he is already the owner of his property and you have no share on it as such till his death intestate as explained in my earlier post.

2. You shall have to directly talk to your Dad to express your desire to him about his property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The self acquired property can remain with your father till his lifetime and nobody can claim a share in the said property as a right, hence your so called transfer of rights in the property to your brother during your father's lifetime is invalid and not maintainable even if it was a registered document.

An unregistered or notarised document is not valid in the eyes of law when it is challenged.

Even now your father can divide his property and settle the same in favor of all his children as per his desire and wish foregoing all speculations in this regard.

You can suggest the same to your father and may inform him that he can make a family arrangement or settlement of the properties to his children in the manner and mode he may decide to distribute them

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

If I were to let my Dad own my share, if he ever divides the property, what am I suppose to do? How do I let my dad know about my changed intention and my kid's rights to the share as grand kids?

Since you yourself do not have any rights in your father's property during his lifetime, there is no question of your children claiming any rights in it.

There is no provision in law conferring rights in the property to the grandchildren out of their grandfather's property.

Whether you relinquish your rights or not your father's decision to distribute his properties cannot be restricted by you or anyone as per their own will and wish.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer