• How to divide the property in which the podi has not done

My father is willing to devide his self earned property to all his's sons and daughter. And with that he wants to get sign from all daughters for other ansecestors property that they are willing give away for sons. How do we go ahead with this?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

You father give ownership to any of this siblings via Transfer Deed.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Your father can prepare a family partition deed with everyone's consent and divide the property into as much schedules to his sons and may make a mention about the amount in lieu of the share of immovable property to be given to his daughters and the property that he shall be retaining for his own use as different schedules. 

This deed can be executed by a registered  document.

This  will be one of the modes of amicable distribution of property among the family members.

Another mode is that he can execute a registered settlement deed in respect of his self acquired properties in favor of his son as desired, and then if the ancestral properties (provided they are really ancestral properties) can be allotted to his sons by obtaining a registered release deed from his daughters relinquishing their rights in the properties. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

They need to give Relinquishment deed and register the same as per the new 2005 amendment judgement of SC in HSA for women. 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Deed of family settlement has to be executed duly stamped and registered for division of property among sons and daughters 

 

2) daughters can relinquish their share in other properties 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Gomala is Government land reserved for pasture of the animals. ... All such lands shall be reserved for public or Government purposes to provide for public needs of a growing city or town.

 PODI of gomala Land means Division of Survey Numbers into Various Sub divisions. It is done by Revenue Department Officials.

Without PodiLand cannot be registered in Registrar Office.

In case of Dharkasth Land which means Government Grant Land, Dharkasth Podi has to be done.

Since this involves local laws, you may better clear all such issues before sitting over the family arrangement of partition  or transferring such lands legally within the family or outside the family.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

divide your self earned property as per your father's wishes. For this transfer the portion of the property as he pleases.

For ancestral property let the daughters sign a relinquishment deed and register it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If partition has not been done then assign a portion of the property as per hhis wishes.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Gomla  land is pasture land for community use

 

2)it is  land reserved for grazing of cattle.”

 

3) mutation of land has not been done in your father favour 

 

4) carry out mutation of land then only enter into deed of family settlement 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

For self earned properties, settlement deed will execute by father. And for the purpose of ancestral property, daughters have to execute release deed in favor of brothers. Both deeds will register. 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Hi

File a declaration suit for declaration of the ownership as decided. 

Get the property transferred from daughters to sons. 

It done.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Go with registered family settlement or your father may go for a registered will mentioning all the details and division of the property ,better and less expensive is later one but it will come into force after his demise.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Your father can execute registered family settlement deed. Daughters can execute release deed in favour of son's.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

land is pending for pod which is partition and measurement by survey which done by revenue survey department. Till this Pod is done , the property cannot be transferred/registered.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See as such for self acquired property father can make a gift , settlement or will giving equal share to all his legal heirs.

Further as far ancestral property is concerned ownership status in same has to he seen.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Execute a registered Family Settlement Deed (FSD), of all the properties, duly & clearly dividing /partitioning the share in favor of relevant persons, with strategic clauses, clearly outlining the terms & conditions by sons & daughters etc....  The FSD should be jointly signed by "ALL" the relevant persons.

2. AFTER above,based on the FSD, have the individual property duly mutated /transferred in the revenue /municipal records.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Your father can make a partition deed according to his will the deed should be duly stamped and registered.

2. He can get an agreement from daughters in which they give consent to give up their share from ancestral property of your family. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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