Father can execute gift deed in favour of son
2) gift deed should be duly stamped and registered
3) consent of 2 daughters is not required
Property transfer
Hi, A father aged 78(1 wife, only 1 Son & 2 Daughter), has acquired a property from his father's WILL and now he wishes to write the property in son's name, as both his daughters had deserted him( due to some family fight) n his wife without bothering about them n taking care of them. Also the son had taken the house responsibility from Age 23 and looking after the family and other expenses of the family. Had re payed loan worth Rs 300000/- n paying all Taxes and EB regularly. as and the son his currently with the parents and ready to take care of them till. Now He & his wife wishes to GIFT and register the property in Son's name.. how to go ahead with this,,, if he writes what will be the issues and will his 2 daughters can create any problem. if so to execute gift deed without any issue from daughters. The Son got married 5 yrs before and he has 1 son. Please suggest me how to proceed further and various other option available.
Asked 6 years ago in Property Law
Religion: Hindu
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8 Answers
Dear Client,
By virtue of WILL, father is actual and sole owner of property with absolute liberty to give it to any of his choice and disinherit his daughters.
For transfer of ownership in his life time, he can execute (registered) GIFT Deed in your favor or WILL, which will be effective after his death.
1. father has inherited the property through Will from his father
2. so father becomes the owner of the property
3. father can do whatever he wishes with his property
4. father can make a gift deed in favour of the son
5. daughters have no right in the property during the lifetime of the father and so they cannot make any objection or raise any claim
6. go ahead with gift deed in favour of son. Register the gift deed
2 daughters cannot create any problem.
This is a property exclusively belonging to the father and he is free to pass on the same to his son and to do so, he does not needs to take permission/consent from anyone.
See a local lawyer and ask him to help you with a gift deed.
Dear Sir,
In the first place, I would suggest that the father as well as the mother should not gift the property to their son during their lifetime. PLEASE DO NOT DO GIFT DURING LIFETIME.
My suggestion would be that they both make respective Wills in which they make a provision for life interest for their surviving spouse and after their spouse's death the property be bequeathed to the son only if it is not to be bequeathed to the daughters.
Regards,
1. The property received by father from his father through Will would be treated as self acquired property of the father.
2. If that is so he will within his rights to transfer it to anyone he chooses.
3 Since he chose to get this property , you on such gift deed become its absolute owner and hence you can transfer it further to anyone including you.
4. So you can again transfer it to anyone you choose including your son.
The father's property acquired through the Will becomes his exclusive asset which he can dispose of in any manner he pleases. He can gift it to his son by way of a gift deed. Legally the daughters have no claim whatsoever.
The father had acquired the property through a Will from his parents.
It becomes his own and absolute property.
He is the only person who has full rights over the property and he can transfer it to anyone of his choice and in any manner.
His authority over this property cannot be challenged by anyone.
Therefore he can very well transfer this property to his by executing a registered settlement deed.
His daughters cannot challenge this transfer of property not only now but in the future also.
