As it's self acquired property your sister will have no right if your father gifts it or releasesit in your favour.
Father's self acquired property, Father wants to gift that property to his elder son only
My father got his share land of 110 sq yards in the form of release deed after his death. My father wants to transfer that property to me in the form of gift or release , but my sister is a minor . As I am taking care of my sister's responsibility since past 5 years right from food to education expenses and etc. My father wants to give that property to me . So please advise how the documentation should be so that we don't get any problem in the future from my sister
Asked 4 years ago in Property Law
Religion: Hindu
16 Answers
Dosen`t matter whether daughter is major or minor. Father can give his self acquire property to any of his choice. By gift deed in his life time or through WILL - effective after death.
father can execute gift deed in your favour
2) you and your sister have no share in said land during father lifetime as it is not ancestral property
3) property which has remained undivided for 4 generations is ancestral property
your father can execute a registered gift deed in your favour.
your father can also execute registered will in favour of both children, after his death only you can probate and claim.
Execute gift deed in your favour. You shall be the absolute owner of the gifted property.
Let this property be gifted to you, by your father under a gift deed.
The gift deed will ensure immediate transfer of this property in your name.
Father can vide registered gift deed can transfer same to you. The sister cannot raise any objection on same at any time.
Thank you everyone for your answers, Can anyone please provide language or a document to draft this gift deed so that I won't have any implications in future
Asked 4 years ago
You must engage a lawyer for drafting gift deed
It depends upon facts of each case
1. The gift deed is to be drafted by an advocate for which you need to engage his professional service.
2. It is deed covering several pages and hence the same can not reproduced here for you reference.
pls contact local property lawyer.
You need to contact us for the same personally for drafting
Dear
The property which your father get from release deed will be considered as self acquired property of your father and he can gift the property to anyone without consent of his family members.
A simple gift deed of the property will be enough and you sister cannot claim any share from that property in future.
See you can engage an advocate to draft the deed for you it would be simple no special clause for same is required.
Complete detail of property and donor/donee will require to draft gift deed.
Your father can transfer the property to your name by executing a registered settlement deed during his lifetime which would enable you to become an absolute owner of the property.
Nobody can claim any share in it at a later stage for any reason since this registered transfer was done by your father during his lifetime.
The settlement deed can be drafted properly by a document writer in the local with all the wordings that would be necessary to make it legally valid document, conferring you the title to the property