• Property transfer

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 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
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. 
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) it is self acquired property of your grand father 

2) by no stretch of imagination it is ancestral property 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
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.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0