• Father wants to legally safeguard land partitions

My father had partitioned his lands across sons equally three years ago but he didn't do any legal formalities. We all are accepted. No problem after that. Father wants to legalize now and register the land on corresponding son's name. The elder son is started the problem and asking more land and money from my father whereas my father doesn't have anything and running life based on my money. I'm the last son. 

He wants to make Will document (uyil in tamil) now. Are there any option to legalize the partitions (without elder son's involvement) by spending less money?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

He may either relinquish his land in 3 equal parts in favour of his 3 sons. This will be better than will since the ownership will pass on immediately. But this will be a bit expensive in comparison to a will.

The second option which he has to execute a will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Will is good option but it will come into effect after death of your father.

If you want property instantly you can prepare gift deed.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

father ought to execute registered deed of family settlement for division of land among his sons

2) if elder son does not want to sign any documents let father execute gift deed for portion of land among his other sons

3) gift deed should be duly stamped and registered

4) in alternative father can execute will bequeathing property to his sons. will should be attested by 2 witnesses

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Cleint,

This situation is actually not a partition but settlement and not binding as not executed by registered document.

First your father should take possession of all the distributed land and execute the WILL, his intention to dispense the lands acc. to his choice and manner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the property is self acquired property he has all the rights to dispose will or sell the property as per his choice any son cannot do any objection to hold him for doing anything if it is a ancestral property he can do it by filing a petition for partition of the property among the sons and in case you don't want to take any share out of that he can divide all the property among the sons equally

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Verbal partition is also very much valid.

2. However if this is the self acquired property of your father then partition will not work. Then your father can make a deed of settlement.

3. Will is an option but since it takes NOC if other sons while taking out of probate , it is advisable that it is better to avoid.

4. If this is the ancestral property then make a registered deed of partition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to pay the stamp duty. And other cost is depend upon the lawyer you appoint for the work.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

legal fees vary depending upon lawyer engaged by you

2) stamp duty on gift deed varies from state to state

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Better go for settlement Deed -

Stamp Duty: 1% On the market value of the property but not exceeding Rs.10000/-

Registration Fee: 1% on the market value of the property subject to a maximum of Rs.2000/-

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Gift deed is not a wise idea in the present circumstances

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Stamp duty applicable on gift deed varies from one state to another.

Contact a local lawyer to help you more on this. He/she will also help you with the drafting and executing this gift deed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the oral partition made earlier has to be done by a registered document, then he can draw a partition deed in writing and get it registered as per the terms of the oral partition, which will be the legally valid and safe mode of transfer of properties to his sons.

The Will document may have to be probated when it is being enforced after the lifetime of the testator since that will be disputed by the dissatisfied beneficiary at that time.

That will create more problem due to dispute and litigation.

Think properly and take a wise decision.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

What is the procedure to execute gift deed?

Do you know approximate cost?

Gift deed will be very costly, you may have to pay 8% stamp duty to the value of the proeprty being transferred by registered gift deed.

Instead registered settlement deed can be made which involves less stamp duty, i.e., 1% if it is within blood relations in the family.

Family setlement deed is also one of the lost cost transfer.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi,

It depends on your father as to what to be given to whom and no pressure can work legally on him. The gift and will can be registered at registrar's office and the costs involved according to the value of the property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

It is his property and he may divide the same as per his will. He may go ahead and do the division as he deems fit

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Or if he want to go for gift deed then the stamp duty will have to be paid by your father

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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