My father married another lady after my mother expired. We are worried that the new lady will take away all the property. My father has accepted to transfer a flat to my brother name through DHANA PATHIRAM and also Register it legally. The property was bought by my father out of his income only. They both have personal issues so I being his daughter I prefer that the flat get registered in my brothers name and my brother have full rights on the flat now itself. My Doubt: 1. Is it similar to transfer of property 2. Ownership of property will be in whose name now. Will he get ownership only after my father’s period? 3. Who will pay the government taxes like water tax, etc on the said property after the registration. 4. Can My father be stopped from staying in this house after registration? Because He has one more house where we are asking him to live. 5. Is there any other problem involved in registering the house as DHANA PATHIRAM Regards, J. Arthi Chennai
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once gift deed is executed by father in favour of brother, duly stamped , registered and possession delivered your brother would be absolute owner of the property
2) your brother has to pay the property tax , water bill etc on the property
3) your father should vacate the house and stay in another property owned by him
4) his second wife cannot claim any share in house gifted to your brother
He has some secret plan to settle in the same house along with his second wife even after Gift Deed. 1. We are not able to find out the legal hole that he may use while drafting the Gift Deed so that even after Registration, he can be in the same house 2. Can you please tell what we should so that he cannot stay in this house? 3. My father had accepted to do DHANA PATHIRA PADHIVU only and NOT REGISTRATION like we do for Purchase of land. Will this be any problem to us in future. 4. Should we include any specific words in document to avoid future problem? 5. Can my brother sell the property, if required, after Registration? 6. My father plans to do Registration but NOT handover the key. Is that possible. 7. Any other suggestion from your side is highly appreciable as we are badly in need of proper advice and suggestion. PLEASE Regards, J. Arthi Chennai
1) your brother has to file suit for eviction against father as after execution of gift deed your brother is absolute owner of the house
2)gift deed i required to be stamped and registered to be admissible in evidence
3) recitals in gift deed should mention that possession has been delivered to your brother
4) your brother is at liberty to sell the property after registration
5) ask father to hand over on set of keys to your brother . second set can be kept with father
1. 'Dhana Pathiram' is Gift Deed which is also a form of Transfer of Property and is legally valid.
2. Ownership of the property is immediately transferred from Donor to Donee when once the deed of gift is executed and registered in the Sub-Registrar's Office by the donor and the Donee accepts the gift during his lifetime.
3. After the gift deed is executed the Donee has to pay all the Statutory taxes to the Competent Authorities being the owner of the property.
4. Since your brother, being the Donee, can decide absolutely as to allow or decline any person from staying in the property owned by him, subsequent to the execution of gift deed in his favour.
5. If the donor is registering the gift deed in favour of his son without any force, threat, coercion, etc and the donor is voluntarily executing the gift deed, then there can be no problem if the gift deed is executed by the donor.
1. Registered Gift Deed takes effect during the lifetime of the donor and the Donee has to accept it during his lifetime. It is up to your brother, being Donee, to allow your father to stay in the gifted property or not subsequent to the execution of gift deed.
2. Your brother can request and persuade your father to move away from the house so that he can live with his 2nd wife in his other owned house.
3. Unregistered Gift Deed has no legal validity and through such document nothing can be achieved.
4. To avoid any future problems you should use the term "Irrevocable Gift Deed" whenever the context demands it.
5. After the registration of the Gift Deed your brother becomes the Absolute owner of the property and he shall be at liberty to do anything with the property, including the sale of the property. However if the gift deed is a conditional gift deed, then for selling the property the condition has to be satisfied and completed.
6. When once the registration of gift deed is in your brother's favour, your father shall have no legal right to retain the keys of the property.
7. My suggestion is to convince your father to execute registered sale deed in favour of your brother and based on the deed get the Patta document in your brother's name.
1. Is it similar to transfer of property
It is transfer of property by a legally valid document.
2. Ownership of property will be in whose name now. Will he get ownership only after my father’s period?
The donee, i.e., your brother who will be the beneficiary of this settlement deed shall become the owner of the property from the moment it is registered on his name.
Your father or anyone other than the beneficiary i.e., your brother do not have any rights in the property thereafter.
This will be during your father's lifetime itself.
3. Who will pay the government taxes like water tax, etc on the said property after the registration.
From the date of transfer to his name by execution of the registered settlement deed in his favor, your brother has to pay all the applicable taxes including electricity charges and water tax, property tax etc.
4. Can My father be stopped from staying in this house after registration? Because He has one more house where we are asking him to live.
After transferring the property to his son by execution of registered gift deed, your father relinquishes all his eights in the property hence he has no legal rights to stay back in the same hose, if he decides to do so, then the new owner can initiate legal action to evict him from the property.
5. Is there any other problem involved in registering the house as DHANA PATHIRAM
What problems do you anticipate, specify, you will get opinion on your specification.
1. We are not able to find out the legal hole that he may use while drafting the Gift Deed so that even after Registration, he can be in the same house
If your father is executing a conditional settlement deed by holding life interest in the property, then your brother has to wait to acquire the property till the last breath of your father. Hence please read the recitals of the settlement deed before it is being executed and registered because it canot be cancelled once it is registered other than by due process of law.
2. Can you please tell what we should so that he cannot stay in this house?
The settlement deed should be free of any such condition that will entitle your father to stay back in the property even after it is being executed.
3. My father had accepted to do DHANA PATHIRA PADHIVU only and NOT REGISTRATION like we do for Purchase of land. Will this be any problem to us in future.
Dhana pathiram pathivu and registration of the settlement deed is one and the same, dont get confused by understanding the meaning in two different languages.
Make sure that this setlement deed is not with any condition, especially with lifetime interest or any other condition favoring yor father.
4. Should we include any specific words in document to avoid future problem?
You make sure that other than the usual words conveying the meaning of setlement, no other extra words making a different sense is included in the deed.
5. Can my brother sell the property, if required, after Registration?
If the settlement deed is free of any condition then he may sell it as per his desire.
6. My father plans to do Registration but NOT handover the key. Is that possible.
He cannot do so, if he has registered the property to your brother then he has to handover possession of the property too.
7. Any other suggestion from your side is highly appreciable as we are badly in need of proper advice and suggestion.
You can ask any other specific question which shall be clarified.