Father can make a and register a partition deed/family settlement and same can be registered. Futher since father is making in life sister has no claim but then also she can sign same deed and a recital can be made that she relinquish complete right over the property,
Partition of ancestral and self acquired property
My grandfather acquired some property and died without any will. He father is the only son of my grandfather. He also acquired some property and still alive. We are four brothers and my father wants to partition the property acquired by my grandfather and his self acquired among us. Can you please advise how this partition can be executed. I have three sister as well but they don't want any share in the property and ready to relinquish their rights.
Asked 7 years ago in Property Law
Religion: Hindu
24 Answers
Hello,
After they relinquish the rights, the property of the GF will be divided into 1/5 share each, 4 share of brothers and 1 share of father.
The father can divide his share as per his will till the time he is alive, in case he passes away without a will then in that case each of you will get 1/4th share in his property.
Regards
A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires..
Deed of relinquishment can be executed by the sisters duly stamped and registered
2) deed of partition has to be executed for division of property equally among the children
Hi, the self Accquired property of your father can be transfered to you brothers equally through gift deed ..In the ancestrol property your sister also has a share therefore they also need to make a gift deed of thier share among the brothers
Dear Sir,
The property of your grandfather is self acquired property in the hands your father.
Thus your father has only self acquired property.
It can be divided as he wish. To avoid future complications take relinquishment deed/s from your sisters. It must be registered.
Get a partition deed registered having got the properties given by your father or ask your father to execute gift deed as per his wish.
Firslty, the property which is the self acquired property of your father, he is at liberty to give it to any one now or after his death through a will.
Secondly, the property which he has got from your grandfather is the anscestral property, and you sister would also have right in it.
Thirdly, but, if they are ready to relinquish their rights then they would have to do the same on legal paper through a registered R deed, plus a NOC.
1. Partition of your father's self acquired property and grandfather's property, now in the hands of your father, can be effected by executing a registered and adequately stamped Partition Deed.
2. Since your father is alive, it is his preorgative to decide as to which son should get which property and if your father has decided about this, then there will be smooth transfer of the property to the person/S of his choice.
3. Since the property is your father's self acquired property ( your grandfather's property in your father's hands is his self acquired property only, since your father is the only child to your grandfather) and he being alive, there is no need for Release/Relinquishment Deed by your 3 Sisters.
Hello
The self acquired property of your father is his own and can be given to anyone he likes. You and your brothers all have a share in The ancestral property....including your mother.
Considering that your father wants to divide the property equally amongst you.you all are entitled equal share in the property.
Regards
The ancestral property can be partitioned among all buy a partition deed and self acquired property of father can be partition by the father through a will our gift to the respectivelegal hairs
both the properties can be settled by executing a Deed of Family arrangement between the parties and thereafter on basis of what is agreed in that deed in relation to which property would go to which family member, necessary transfer documents can be executed and registered
Dear Client,
Daughters/sons have no claim in the property at present and father can dispense the property acc. to his choice through registered settlement deed.
1. IF property has to be partioned, THEN proper demarcation via a Survey has to be done and the demarcated portions should be properly numbered and recorded therein.
2. Execute a Family Settlement Deed, based on the above between ALL concerned persons, with strategic clauses, defining the property numbers to each of the beneficiaries. The sisters should sign on the said Deed declaring that they are relinquishing their rights perpetually.
Keep Smiling .... Hemant Agarwal
This is my response to you:
1. Your father can execute a separate family settlement deed mentioning each ones share;
2. Of your father can execute a gift deed;
3. Your sisters will have to give an NOC so that in future they do not raise the dispute;
4. NOC is though not required because a father can dispose his own property as per his wishes;
5. Therefore this is the basic way to partition the property;
6. If disputes arise then file a suit for partition in the civil court.
Thank you everyone for your valuable advice. As mentioned in my original query the requirement is that my father wants to divide the property from grandfather and his self-acquired property among his 4 sons with full rights effective the time division takes place. Now, kindly advise me on below query. 1. Based on my understating from advice it looks that the entire property in my father’s hand qualifies as his self-occupied property. Is this understanding correct? 2. In case the property is self-acquired, will my sisters still need to relinquish their rights through registered relinquishment deed if my father is willing to divide the property in his lifetime? Is this process legally mandatory or just optional? 3. There are various methods to divide the property like family settlement deed, partition deed, gift and will etc. Since my father wants to divide the entire property with full right to us now itself, which method of division suits well in all respect and least expensive and time consuming? Also, what process that does take place for one of the suggested division methods? 4. My mother does have some property which my father bought in her name. Will that also be counted as a property for division OR it can be left out. I will appreciate if you could provide me advise against every question (point by point) for me to have a better understanding. If my understanding is incorrect in question-1 please advise accordingly.
Asked 7 years ago
1) it is self acquired property
2) deed of relinquishment is not necessary by sisters
3) gift deed should be executed by father duly stamped and registered
4) property bought by husband in wife name is for benefit of joint family
hello
1. no, the property with your father is both ancestral and self-acquired.
2. as far as ancestral is concerned you need to have a NOC, it is essential or their heirs may raise a dispute later on.
the self-acquired property may be distributed as your father likes.
3. a family arrangement is the best method as it takes care of the practical aspects and decided who wants what and who is willing to forego which part. it is a win-win situation.
4. yes that should also be divided, otherwise, after your mother, that property would be divided among her legal heirs, including your sisters.
regards
Basically the property that belonged to your grandfather and the proeprty acquired by your father are his own and absolute property.
In this your father is the right person to decide about giving or distributing his properties to the persons of his choice.
Nobody can claim any share in his properties as a right.
Therefore if he decides to distribute this property to his sons alone, then he can do it by a family arrangement or a family partition (both by a registered document) or by executing a registered settlement deed to each one accordingly.
1. Yes, you are right in your understanding.
2. Your sisters' relinquishment or NOC is not at all required.
3. Family settlement or partition deed but both by a registered deed.
4. Your mother's property will not be included in your father's property
Yes.
No, father free to dispense property as per his wish.
Gift Deed and mention portion also.
Part of distribution
1. Yes in essence. Since, as per the facts mentioned, your father is the sole remaining heir of your grandfather, it makes him the sole rightful owner of your grandfather's property. So he has in his hands inherited and self acquired property.
2. In case the property is self acquired, the daughters do not have a right at the moment. They will have equal rights after the death of your father.
3. Partition deed. Appoint a lawyer to help you draft the partition deed and thereafter have it registered at the Registrar's office after paying the necessary stamp duty. Stamp duty will be Rs. 1000 per share.
4. It can be left out and she can Will it off as per her wish.
Dear All, thanks for your advice. I have few more questions below for your advice. Kindly request to please provide your valuable advise point by point my understanding. 1. There are mainly two processes I observed for the division a) Partition deed and b) family settlement deed. My understanding is that partition deed is required for ancestral or joint property. Since my father is owning only self-acquired property b) family settlement is the only process available. Is this the correct understanding? 2. Can you please confirm will I get full exclusive right/ownership on my share of property once the settlement deed is duly singed by all settlee and registered in the respective registrar office OR do I need to register it again? 3. Am I also supposed to do the mutation of my share of property. If yes, do I need to provide settlement deed copy as supporting document for the mutation. 4. I want to start construction on my share of property and want to take a home loan on that. Can I take a home loan after division? Do banks consider settlement deed as ownership? 5. The property to be divided is in Patna, Capital of Bihar. Can you please provide me the cost of stamp and registration of settlement deed? 6. One of my married sisters, she has a flat in her name in Bangalore and she want to authorize my mother to receive all the rental yield from the flat till she is alive i.e. ownership still with my sister but any income goes my mother. What agreement that my sister should have with my mother to make it legal. Will general power of attorney work? Please advise.
Asked 7 years ago
1) your father can execute deed of family settlement or partition
2) you woukd be absolute owner of your share as per regd settlement deed
3) you should get mutation done of your share in property
4) stamp duty is state subject and varies from state to state
5) your sister can execute Special power of attorney in favour of your mother
1. Father can make a family settlement deed for the partition of the property,. Though father can make partition of his own self acquired property also.
2. yes you get full right, re registration is not required.
3. Yes along the application of mutation the copy of the deed has to be given.
4. Yes
5. Local registrar office shall help you with this.
6. A POA to execute the rent agreement. Further an agreement on 100 Rs.stamp can be made and notarised mentioning the details of this transaction.
1. Family settlement deed is also nothing but a different form of partition deed only. There is no specification for a ancestral property or self acquired property. Any deed which is registered is valid under law.
2. Once a registered settlement deed is executed then the beneficiary will become an absolute owner of the property after possession is also handed over, however to be on the safer side, you may apply for transfer of all revenue and other records pertaining to the property to your name.
3. Yes, you have to produce the copy of the settlement in your name to get the property properly mutated on your name after this transfer is effected.
4. Since this is a valid title document, the bank cannot refuse grant of loan for this reason.
5. The stamp duty differs from one state to another hence you may clarify the same locally..
6. Your sister can authorise your mother to receive the rent and execute any other agreement or an act in this connection on behalf of her by executing a general power of attorney deed in her favor.
First point is correct.
Yes, settlement deed is enough to make you actual owner.
For mutation purpose, copy of deed will attach to application.
Yes, registered settlement deed, valid title transfer document.
Land, house or flat can be transferred to Owner’s Children or even to blood relatives simply by executing transfer deed on Rs. 500/- stamp paper without paying stamp duty and registration fee.
She can execute POA in mother favor.