• Legal heir - transfer of property in my name

My father has a house in his name which was buit by him and not ancestral property. We are 2 brothers and i have paid the share of my brother as due against the property. My father is not keeping well for some time and i have approached one lawyer who told me that he will get the decree done for the property. Does this make me complete owner of the property. If not, kindly guide me the process to get the property in my name. Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

1)your father can execute gift deed in your favour of the house

2) gift deed should be duly stamped and registered

3) your brother can be one of the witness to the execution of gift deed

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

As mentioned by you, the property is your father's self acquired property. therefore your father has the absolute ownership over the same to dispose it off in any way he wishes though you have paid the amount for construction.

Even though you have paid the due the property is registered in your father name. under this circumstances ask your father to make a gift deed in your favour.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

you father can make a gift deed in your favour, and this is suffice.

If no objection from your brother. In gift deed stamp duty will also be less.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Since property in self acquired and belong to your father then you can't claim this property during his life time , even you have spent money.Now you can become absolute or part owner of the property if your father can execute a registered gift deed in your favour.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Only a gift deed makes you the absolute owner of this property.

Thus, ask you father to draw and execute a gift deed in your favour, to enable the transfer of this property to you.

Also, get the gift deed must be duly registered and stamped.

Get in touch with a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi , as it is a self Accquired property, and as per now your father is the owner in posession of the property .. If you have already compensated your brother , you can execute a gift deed in your favour from your father ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dear Client,

As per govt. notification in year 2014, transfer to blood relative is exempt from stamp duty.

Ask ur father to GIFT the property in ur name. Advisable and get registered.

WILL but will effective after death of father

Yogendra Singh Rajawat
Advocate, Jaipur
22592 Answers
31 Consultations

4.4 on 5.0

Sir,

In this you can get a will prepared by your father stating handling of entire property in your name and also get it registered, so that chances of challenging of will are minimised.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Till your father is alive, the property can either be sold to you or can be transferred to you by meana of a gift.

Since you are father and son I would advise to take the property from your father by means of a gift deed and the same will be the best possible manner for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

No, Ask your father to do the Transfer Deed in your Favour . Then only you will be the complete owner of the property.

Parul Suri
Advocate, Faridabad
15 Answers

4.2 on 5.0

1. Your father is still alive and the property still stands in his name.

2. He has the right to execute a will, gift or sell the property to any body during his life time for which you can not agitate.

3. No body can get a decree conveying the title of the property standing in the name of your father in your favour so long he is alive unless he registers a gift deed in your favour.

4. Your settlement with your brother at this stage is prematured.

5. After the demise of your father, intestate, both you and your brother will become thelegal heirs of your father's property and at that time you can get a sale deed or settlement deed registered by your brother selling or settling his share of your father's property in your name.

6. After completion of the above act only you can become the title holder of the entire house of your demised father.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

whatever you spent in respect of that house, you are no where during the life time of your father as he is alive and he has not made any separate and/or special arrangement of the house in your favour.

whatever you spend in respect of that house that you have done on behalf of your father, not on behalf of your brother as your father is the owner of the house.

so as worst the proportionate share of the house may be charged due to your spending over the property if your father consented you to spend with an express desire that he will refund the same in due course.

otherwise you have no legs to stand.

whatever suggestion you got from one of your lawyer friend that is nothing but a day dream.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

1. During the lifetime of your father none of his heirs has any share in his property. If he dies intestate then his property will devolve on his widow and children equally.

2. You will become the absolute owner of the property after the lifetime of your father only if your brother relinquishes his share in your favour.

3. What your lawyer has said beyond my comprehension.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need to get the written NOC and memorandum settlement from your brother and then get the property in your name in sub registrar office.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

There is no such thing called decree for the property when there is no dispute yet from your side with your brother.

Have you got it in writing with witnesses about the money given to your brother mentioning that this is given for relinquishing his future rights in the property.

It would be better tht you take your father to the registrar's office long with your brother and get the property registered on your name by executing a registered settlement deed in your favor and your brother singing the document as a witness.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you can get no objection from your brother you can get total property otherwise not

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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