• How to proceed

My grand father bought a land from his salary and the house is constructed by my father from his salary. They both stayed in the same property for more than 40 years. My grand father transferred the title of the house to my father when he was alive and in sound mind and it was legally registered.Later, my father paid all the taxes related to that house till date. My grandfather wrote a will mentioned that, the house belongs to his son(my father) and his daughter(grandfather has one daughter) has no legal right on that property (as he has done the marriage and she is living well, which was mentioned in the will). My father's sister has children and grand children. We are living in Tamil Nadu.
Now, my father  wants to transfer the title of the same property in my name by means of settlement.   My father wants me to buy that house and he wants ME to give my brothers share of money to my brother while he is alive. I have a  brother and sister both married and living in different places. 
1. Can I do it as my father wanted? 
2. what are legal matters which i have to look through before doing that, so that in future no legal complications might arise?
Asked 3 years ago in Property Law from United States
Religion: Hindu
1) your father is absolute owner of property 

2) your grandfather had during his lifetime transferred house In your father name by regd gift deed 

3) your aunt and her children have no share in said house

4) if you are buying house from your father them sale deed had to be executed as you are paying consideration for purchase of house 

5) your father can out of sale price received give share to your brother and sister

6) the sale deed  should be duly stamped and regd 

7) you can on basis of sake deed carry out mutation of house in your name
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. Once your father settles the property in your favour, you have to act on the terms of the settlement.So do as your father wants.
2. The property is deemed to be the self acquired property of your father and hence he can do anything with this as he wants. So you or your father need not think about the actions of your uncles/aunt as they have no legal say in this matter.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1) There is absolutely no problem with purchasing the property from your father as he has good title and the consideration is being paid to the siblings.

2) When you make a payment make it through cheque so that there is a record of payment made.

3) You have no legal hassles to face from your aunt, sister or anyone else as none have any rights to claim.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. Your father can dispose off the property in any manner he likes, including giving it only to you.
2. Best thing for your father would be to gift the property to you by executing a Gift Deed in your favour during his lifetime.
3. Stamp Duty is meagre in case of execution of gift deed amongst the blood relatives.
4. While executing the Gift Deed, in the narration, your father can make it a point to mention, that the reason for gifting the property to you only and the amount of money equivalent to the share you are giving to your brother and the reason for not giving any share in the property to your sister, if any.
5. There will not be any legal problem in future, if the gift deed is property stamped and registered in the Sub-Registrar's Office.
6. There cannot be any legal problem in future from your Aunt & her children reason being your grand father had transferred the title of the property in your father's name by following the legal procedure of registering the property, while he was alive and was of sound mind.  Moreover, as per your version, there is a 'WILL' executed by your grand father in which your grand father had mentioned and confirmed that the house belongs to your father only and also clearly mentioned that no right exists for his daughter, as he had performed her marriage by spending sufficient money.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

If the settlement deed is recited with the conditions that the said deed will be valid only if you settle amount as compensation to your brothers and sisters in lieu of he share of properties that have been settled to you, you are bound to  do it and get it registered.
You do not have to worry about your father's sister or anyone by this act.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

1. You are legally free to honour or dishonour the wish of your father.

2. Once you execute the settlement deed it will bind you. Your brother will not be able to claim a share in the property once the settlement deed is executed. 

3. Your sister has no right to claim a share in the property.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. Has your father took probate of the will executed by your gradfatjher?

2. If not, then the said will has no value at all and her sister has equal right on the said property of your grandfather (any construction made by any body including your fathet on the land of your grandfather is treated as propertyt of your grandfather),

3. Your father should either take probate of the will of your grandfather or ask his sister to execute and register a relinquishment deed in favour of your father which will make your father the absolute owner of the property,

4. After becoming absolute owner of the property, your father can execute amnd register a gift Deed/Settlement Deed in your favour after you pay yur brother the way your father wants.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

1. Untill your father becomes the absolute owner of the property, he can not deal with it and transfer its share to anybody.

2. So, ask him to get the settlement deed executed and registered by his sister first as suggested in my earlier post,

3. Untill he becomes the absolute owner of the property, your cousins and brother/sister can claim share of the property at a later date. 
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 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