• Settlement of inherited property to a family member

Sir , Can a individual patta holder can settle his inherited property to his only male heir on his will without the knowledge of female heirs...
Asked 8 years ago in Property Law
Religion: Hindu

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15 Answers

Dear Client,

If sole ownership of property inherited in him, he has full authority to bequeath property to any of his choice.

Yogendra Singh Rajawat
Advocate, Jaipur
23091 Answers
31 Consultations

1) father can bequeath his property to son by will

2) will should be attested by 2 witnesses

3) daughter consent is not required

Ajay Sethi
Advocate, Mumbai
100258 Answers
8187 Consultations

you dont need judgments . i presume it is self acquired property of testator .

he can bequeath his property to whom soever he pleases

Ajay Sethi
Advocate, Mumbai
100258 Answers
8187 Consultations

It is straight law.

Who and how property inherited and from whom,

Family tree ?

Yogendra Singh Rajawat
Advocate, Jaipur
23091 Answers
31 Consultations

Yes, if the property is self earned and is not ancestral in nature then the same can be given to the male heirs without even intimating the female heirs

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You do not require judgments for the same it is the settled law and the proposition has been laid down by the law.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since 2005,the daughter by birth are considered as coparceners thereby entitled to inherit the ancestral property on par with the son. Such transaction will be invalid and can be challenged.

Rajaganapathy Ganesan
Advocate, Chennai
2308 Answers
8 Consultations

1. The title holder of the property can register a gift/settlement deed in favour of any body he feels like including his only male heir.

2. The said deed is required to be registered by paying the required stamp duty and registration fee.

Krishna Kishore Ganguly
Advocate, Kolkata
27737 Answers
726 Consultations

The law stipulates that he can convey the title of his property in favour of anybody he wishes to by registering the deed of conveyance and for establishing this you shall require no Judgement.

Krishna Kishore Ganguly
Advocate, Kolkata
27737 Answers
726 Consultations

Yes, this can be done.

Vibhanshu Srivastava
Advocate, Lucknow
9780 Answers
323 Consultations

No it cannot be done. Female legal heirs have as much right in ancestral property as male heirs, after the 2005 amendment to the Hindu Succession Act. Moreover, no one can transfer a property on the strength of a patta alone.

Swaminathan Neelakantan
Advocate, Coimbatore
3110 Answers
20 Consultations

Yes he can very well transfer the inherited property which is considered to be his own and absolute property by registered settlement deed or registered gift or sale deed.

T Kalaiselvan
Advocate, Vellore
90462 Answers
2520 Consultations

You don't need any judgement for the clear position of law.

T Kalaiselvan
Advocate, Vellore
90462 Answers
2520 Consultations

it is expected, your query is resolved now.

Ganesh Singh
Advocate, New Delhi
7180 Answers
16 Consultations

The inherited or ancestral property can be settled but the share of women in the same can't be ignored.

Prashant Nayak
Advocate, Mumbai
34877 Answers
254 Consultations

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