My father wants to transfer his property to me. My father got this property as share after my grandfather's death equally devided between him and his brother. In my family there is 5 siblings,my four sister and me, we all are married except my youngest sister. As it is ancestors property, which is now on my father's name, so can he transfer this property to me or after he do so can my sister's challenge this transfer, and if yes is there any other way to get it transfered, I have good relations with my sisters now, and they are willing to get property transfer to me.
Asked 3 years ago in Property Law from Gurgaon, Haryana
1. Was the property owned by your grand father before the division took place? If yes then your father is at liberty to transfer it to you.
2. Your sisters have no right to question the transfer made by your father.
3. Your father can make a gift deed or family settlement to transfer the property to you. Alternatively, he may also make a will.
since the property is ancestral, you and your sisters will all have a share in the property in equal proportion out of the share of your father. the sisters can relinquish their share in your favour on the basis of a family settlement if they so want.
your father cannot transfer his entire share outrightly to you since the right of your sisters is inherent in it.
1) it is not ancestral property
2) once partition deed is made between your father and uncle it is self acquired property of your father
3) your father can execute gift deed in your favour . have it duly stamped and regd
4) get gift deed drafted by lawyer . even if your sisters challenge gift deed chances of success are bleak
Yes, ashish ji, this property was owned by my grandfather, and after his death it was transfered to my uncle and my father. Tulika ji, now in this case, is this property be treated as ancestoral or self occupied and what will be the scenario in this case.
Asked 3 years ago
1) it is self acquired property of your grand father
2) by no stretch of imagination it is ancestral property
Your father can transfer the property to your name since it is the self acquired property of your father which has come to him in partition from the property owned by your grandfather. It is advisable that you father makes a gift deed in your favour and get the same registered. to be on safer side, your sisters can become witness to the gift deed.
1. The property has been divided and your father received his share which he is now at liberty to transfer to you.
2. Your sisters cannot claim a share in it.
no doubt that it is ancestral property. take relinquishment certificate from your each sisters. your unmarried sister can't execute this because she is dependent on her father till marriage. if father deprives her from property then she can claim for share ( it is legally possible but not in general practice). after relinquishment of their right you will be the sole owner of all properties.
1. The property of your grandfather has been divided between himself and his brother. So, it is not an ancestral property.
2. Ancestral property means some thing else,
3. Your father is the title holder of his said property. He is at liberty to transfer his said property to any body he likes by executing and registering Gift Deed or settlement Deed,
4. He can also execute a Will bequeathing his property to anybody or bodies and in that case the title of his said property will be transferred accordingly only after his demise.
1. The property is self acquired and not ancestral,
2. The scenario is very clear. Your faher is the owner of the property and he can do whatever he wishes to do legally with his said property,
3. If he dies intestate, his said property will be equally divided amongst all his legal heirs.