• Property possessions

Have a house in Patna. This was build by my grandfather who died without distributing his property. The property (home and land) was transferred to grandmother . After the death of grandmother the property was distributed and registered in court on my father's name( and other people's name).
1) can my father give his share of property to only one son and nothing to the other ?
2) If he registers the property only to one son without my convent (signature) can I challange that in court ?
3) Is there an legal option where the property is distributed equally among me and my brother and still my father can have control over the property ?
Asked 7 years ago in Civil Law

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12 Answers

1. Yes, this depends on him, totally.

2. No. He's free to take this decision.

3. Yes, in case he carries out a will devolvi his orio equally upon the you 2 brothers.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

If he agrees, then it's the best for you. My point was that you can't compel him.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Yes, after your father's death, you both (sons) will be entitled to inherit the property by 1/2 each, Incas he dies without a will.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

1)it is not ancestral property

2) your father can execute gift deed in favour of one son only

3)your consent is not required

4) your father can execute conditional gift deed wherein during his lifetime he would enjoy rentals from the property and on his demise property would devolve on hs sons

Ajay Sethi
Advocate, Mumbai
97637 Answers
7903 Consultations

it is undivided house

your suggestion is not practical

3) your father can execute will bequeathing property equally to his 2 sons on his demise

4) in alternative execute conditional gift deed in favour of sons as advised herein above

Ajay Sethi
Advocate, Mumbai
97637 Answers
7903 Consultations

1. Yes, he can give this to only one he chooses and no one else.

2. Your challenge to court willnot stand.

3. This proeprty would be treated as his self acquired proeprty and hence he can give this to anyone he chooses.

4.If he has already registered dhis share in the property in name of your brother he can not anything in respect of the same proeprty.

if he has some other proeprty he can give this to you.

Devajyoti Barman
Advocate, Kolkata
23358 Answers
524 Consultations

No, if the aforesaid arrangement is made and both you are given your due share then your will not have any right to claim the share in your property.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Also I would advise that your father gives a will in the name of son and the property is divided after your death.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

1. Since your father inherited this property from his parents as his share in the partition, it becomes his own and absolute property, hence he has full rights to settle or transfer this in favor of anyone of his choice as per his decision.

Therefore it is very much legally valid act to transfer his share of property to his one son alone.

2. You cannot challenge the same in court since you do not have any rights in this property especially during the lifetime of your father. Any case desirous of filing before court challenging this transaction would not be maintainable.

3. Your father only can decide about it, if he is not accepting yor request and not willing for this arrangement you cannot force him.

T Kalaiselvan
Advocate, Vellore
87831 Answers
2366 Consultations

If there is a transfer by a registered document then it cannot be challenged or it will not be maintainable in law even if it is challenged.

T Kalaiselvan
Advocate, Vellore
87831 Answers
2366 Consultations

1) can my father give his share of property to only one son and nothing to the other ?

No, your father has no right to give this property to his only one son because this is an ancestral property and all the children has vested right in the property. If you father attempts to transfer this property to his only one son then you file a civil suit for partition of the property. According to the Hindu personal law ancestral property cannot be transferred by way of will or gift in favour of only one coparcener.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

This would not be fair settlement of the property because after death of a father your brother can claim share in the property which is  jointly hold by you and father. Whenever you want to settle this property you should Borne in mind that you should settle the property finally prepare a settlement deed and got its registration under the registration act. This action will prevent any future litigation about partition of the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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