• Ancestral property transfer which is in my fathers name to my name

How Ancestral property transfer which is in my fathers name to my name
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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20 Answers

He can either make will of same or can gift you same code registered deed in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

kindly clarify on what basis you say it is ancestral property

 

2) property which has remained undivided for 4 generations  is ancestral property 

 

3) father can execute will bequeathing his share to you 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

father can execute will in your favour 

 

2) if it is not ancestral property father can execute gift deed in your favour 

 

3) gift deed should be stamped and registered 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Please ask him to make a Will of that particular property in your favour.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

your father can execute gift deed in your favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

your father can execute gift deed or registered will in your favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

You have not mentioned as to how many brothers and sisters you are. However, it is informed that the said transfer can be through gift deed through which you may become the owner of property instantly. The other method is gift deed through which you will have get the will probated after death of your father.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

He will have to execute gift deed to transfer ownership in your name - in his life time.

Through Will - after his demise.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Ancestral Property has to be duly Partitioned via a Civil Court Partition Decree in favor of "ALL" the relevant beneficiaries (claimants).

2. However IF you are the only residual legal heir of Father, THEN the property can simply be transferred via a registered Gift Deed with strategic clauses and for this there is no need for any Partition Decree.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

HI 

Since the property is in your father's name, he can execute a registered settlement deed(since it is an ancestral property) in your favour. 

if your have any brother's /sisters/mother then they should also sign the settlement deed as consenting witnesses.

If the property is self acquired property of your father, then a registered gift deed executed by your father in your favour alone is sufficient(no need to have brother,sister, mother included in the sale deed as consenting witness.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You can nominate it as now couldn't transfer it. But you do have equal share in the ancestral property like father.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Hello,

Ask your father to execute a gift deed in your favour .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

query has been replied to 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

If the property is on your father's name then it cannot be termed as ancestral property.

Your grandfather's property acquired as your father's share is not an ancestral property to you.

Therefore ascertain that how this will be an ancestral property and if you still confirm that it is an ancestral property, then the share of your property shall again be divided into number of shares to the number of children plus his own share, hence you can get only one such share in it.

You can file a partition suit for seeking your share in it.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

If the[property is on your father's name then it cannot be ancestral property, it can be considered his own and absolute property.

In that case he can transfer the property to your name by executing a registered settlement deed.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

He can transfer the property to your name by way of gift deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If the property is in your father's name he can either transfer the property through a gift deed or through a will. 

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He can make a will stating that you wil be the sole owner of the property after his death.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

In case of gift deed make a deed and register it and take possession of the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear sir/madam

You may take NOC from your father or gift deed from your father and get changed properties in your name if you are not having any other siblings. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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