I have four sisters and one brother. Me and my brother want to divide the property in presence of my parents. But there is a problem as my sisters are also asking for their part. How can we stop it? Secondly at the time of their marriage property was sold out and we both the brothers took loans too. Can we make this as a ground for legal fight? If our parents want to gift the property to our wives can he do that without any objection? Is there any other way to handle the situation so that the property can be divided only between both the brothers?
Dear Client,
Till your parents are alive, no child have any right in the property. They can Gift the property to both brother, making them absolute owners in their life time Or
Through WILL, effective after their life time.
IF parents died intestate than sisters will have equal inheritance right in the property, no matter how much you contributed in their marriage.
It is self acquired property of parents
2) if so parents can transfer property to sons by gift deed
3) consent of daughters is not necessary
4) gift deed should be duly stamped and registered
The parent in whose name the property stands can either gift it to you and your brother or will it away if they are not comfortable with the gift. The gift takes effect during their life time whereas in the case of a will after their demise probate or Letters of Administration will have to be obtained from the court of competent jurisdiction for the will to take effect.
1. "IF" the property is not ancestral property and is a self-acquired property by your parents, THEN the parents while still being alive can execute a proper stamp duty paid registered GIFT Deed, for all their properties, in favour of the both the Sons, without any further reference to the daughters.
2. The above will be legally sufficient for all futuristic legal purposes and the sisters will not be able to claim anything legally, from the parents or from the brothers.
Keep Smiling .... Hemant Agarwal
If the property is self acquired property of your father then he has all the right to dispose the property as per his wish but if the property is of ansestral nature then you have to give shares to your sisters.
the property is of ancestral type. Can my father gift the same to me or my brother or my wife without taking consent of my sisters?
Father can execute gift deed in respect of his self acquired property to his sons or daughter in law
2) consent of sisters is not necessary
If the property is of ancestral type in that case the sisters will have their rights in the same and you cannot do away with it.
Hello
The ancestral property cannot be sold without the consent of all the shareholders. Therefore if you sell it they may file a suit for cancellation of the sale deed.
Parents can gift their share but they cannot gift the share of your sisters.
If some property was sold for marriage it can be made a ground and this can be explained to your sisters.
Regards
1. Who was the original owner of the property? On what basis do you call the property ancestral? The definition of ancestral property is misunderstood by laymen and even lawyers.
2. The test is whether the property is ancestral in the hands of your sisters or not. If it is ancestral in their hands then they have an indefeasible share in it.
3. A suit for partition can be filed to partition the property and cull out the separate possession of your share. The court will order the partition of property through metes and bounds.
4. Your parents can gift only their own share in the property assuming it is ancestral, not beyond it.
5. To gift his share your father does not require anybody's consent.
If property was not acquired by your great grand father than he can GIFT.
And if it is ancestral than how come it in joint ownership of mother.
1. GIFT Deed can be executed in ANYBODY's favour, irrespective of any relations /friends /charity.
2. Check the title of your query. HOW the "Paternal property right" becomes ancestral property, can be determined only by scrutiny of the property documents.
Keep Smiling .... Hemant Agarwal
If this is your father's property then during his lifetime even you brothers do not have any rights in it.
It shall be your father's discretion, desire and decision to distribute his property among his children.
He can transfer the property to any person/persons of his choice.
Nobody can question his authority.
You cannot force him to allot properties to you or your brother alone ignoring the sisters.
You may not agitate the issue.
Since it is your father's own property he can transfer the same as per his own decision