The daughters need to relinquish there share in favour of the son. A reliqnushment deed need to be prepared and stamped with appropriate stamp duty and same needs to be registered.
My Grandfather has bought the farm land in his name. The land was partitioned to his 2 sons A and B in the year 1984. Son A has 2 daughters and 1 son who are married. The daughters wanted to do a settlement deed on the property to his brother (Son). I would like to understand which is the best way to do it and what are the key information that are to be mentioned in the document.
The daughters need to relinquish there share in favour of the son. A reliqnushment deed need to be prepared and stamped with appropriate stamp duty and same needs to be registered.
The daughters too have a share but they can sign on a relinquishment deed in favour of the brother. Also he ought to file a declaratory suit in order to name the property in his name.
Regards
they can execute git deed for their share in property in favour of their brother
2) gift deed should be duly stamped and registered
1. Daughter/s can execute a duly Stamp Duty paid Registered Gift Deed of their properties to their Brother.
2. Such Gift Deed (executed during life time) shall remain irrevocable and legally conclusive for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
A is owner of half share as per partition deed. As long as A is alive, he is owned of the property. During his lifetime he can execute the Will in favor of any of his siblings. In case he doesn't execute Will, you are owner of 1/3 rd share after his death not before that. Will ican also be enforced after his death. In this way, on getting 1/3 rd share each, anyone can relinquish his/her share in favor of other siblings by executing Relinquishment Deed.
IF father expired intestate than daughter have to execute release deed in favor of brothers to make them absolute owner.
It appears that the daughters are willing to relinquish their share in favour of the sons.
if that is so then it can best be done through a deed of gift.
The deed of settlement can also be made but that has to be done b the father only, if he is alive.
After the partition, A and B were entitled to their exclusive shares. It is not clear if A is alive as on date. If so, A can gift his entire share to his son or leave his entire share in favour of his son by way of a Will. In both cases, consent of daughters of A is not legally necessary. In case A is no more, his estate shall devolve upon his Class-I legal heirs- his mother, his wife, his son and his daughters equally. If the other legal heirs wish to forgo their respective shares in favour of the son, all the legal heirs, including the son, have to execute a Deed of Settlement-cum-Relinquishment, whereby all the other legal heirs relinquish their respective shares in favour of the son and settle the entire property in his favour.
You can take the relinquishment deed from your sisters to get the property transferred in your name get the relinquishment deed registered in the register office before getting the property transferred you have to file a civil suit in this regard and submit the relinquishment date to get your order from the court so that you can approach to the registered to transfer the property in your name
Since this property was inherited by the father of the children i.e., A, during his lifetime the son or the daughters cannot claim any rights over the property.
If A is reported to have died intestate then the property shall devolve equally on all his legal heirs i.e., his children and his wife.
In case the other legal heirs are willing to transfer their share in the property then they may have to execute a registered release deed relinquishing their rights in the property ion favor of him.
You may consult a document writer in the local who will prepare the document as per law and the prevailing circumstances.