• Transfer of land

My nana (maternal grandfather) has 4 son and 2 daughters, all married. 3 son had been seperated 10 years before and nana had given then home land for living but agricultural land is with nana. nana live with eldest son who uses land for crop production. now nana want to transfer all his agricultural land and one home land to his eldest son only. but all other 3 sons are saying that they want equal share in all land that is undivided till now and they will not allow to sell or transfer land to eldest son only. verbal fight occur among all of them monthly. i want to know how my nana can transfer all his agricultural land to eldest son only?? can he sell some part of land?? plz give details about all legal aspect...can other 3 son claim for that land if nana transfer it to his eldest son only, even after nana death??????
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1. If the land and the home is his self acquired proeprty then he can transfer the same to anyone he chooses and his other sons and daughter can do nothing.

2.However if the same is his ancestral proeprty of your nana then his children have equal sahre in it and to stop him transferring it to one person the other children can file a suit for partition and injunction.

3. So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) is it self acquired property of grand father or ancestral property

2) if it is self acquired property grandfather can execute gift deed and transfer land in favour of eldest son

3) gift deed should be duly stamped and regsitered

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

If this was your grandfather's self acquired property or inherited from his father as his share out of his father's property, then he is the absolute owner of the properties now in his possession and enjoyment.

Being an absolute owner he has full rights in his property and he can decide about disposing the property i any manner he may desire.

Nobody can force him to give or allot them a share or portion in the property.

He can either execute a registered gift settlement deed or can sell the property at a nominal rate to his son of his choice.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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