My father has 14 acres of agricultural land (self-acquired property). I have two elder sisters who were married more than 15 years ago and living with their husbands in the city. I have two sons (3 and 5 years of age). Now, my father would like to execute the Gift Deed(s) for 14 acres in the following order: A. 4 acre on my name B. 4 acre each on my two sons' name (total 8 acres) C. 2 acre on my mother's name. I have the following queries: 1. Assume my father has executed the Gift deed in favor of my minor sons (property B). In case of any unfortunate financial situation, is it possible to sell this land before my sons become majors? Should I mention anything in the Gift deed to facilitate this? 2. My father is going to transfer 2 acres of land to my mother. After their demise, I should get the absolute ownership automatically, without any issues from my sisters and/or their representatives. What should I do for this? Thanks.
1. A property standing in the name of a minor can be be sold without the permission of court. If it's done then it's a voidable contract.
2. After death of your mother the same would be divided along with your sisters as well.
3. You have 2 sisters and your father has enough land. Give some to your sisters also. They should not be deprived of everything from your father.
You need court consent to sell the property standing in minor name
2)mother can execute will bequeathing property to you
3) will should be attested by 2 witnesses
If the Gift deed is registered after paying stamp duty and registration charges then there will be no consequences from sisters side at all.
Regarding to sell the minor's land guardian needs to take court's permission to sell the land. without court permission it can't be sold.
1. For selling minors' property, you have to obtain competent Court's permission to sell the property and the proceeds has to be used for minor children's welfare like education, hostel facilities, foreign study, etc. Even if you mention regarding selling of the land before your children attaining majority in the Gift Deed, it will not be legally valid.
2. If your parents execute a WILL bequeathing the property to you only ,then after their death you will inherit their property. However, if your parents die intestate ( without executing a WILL ), then their properties would devolve equally to you and your siblings. In the instant case, you and your two elder sisters will be entitled to, i.e., 1/3rd share each. If your two sisters' execute a registered Release Deed relinquishing their rights over the property in your favour, then you will become the sole owner of the property. Or
3. Your parents, during their lifetime itself, can execute a registered Gift Deed in your favour, then you will become owner of the property, without any issues from your sister's.
Minor share can sell with the permission of court.
If mother died intestate, her share will inheirt by you and sisters equally.
To hold full title either execute gift or Will in your favor.
It can be only sold with courts permission If minors are involved.
If you want absolute share you need to seek relinquishment deed from the said sisters
- Since, the said land is self acquired property of your father , hence legally he has his right to transfer the same to any one as per his wish , and none has right to challenge the same.
- If your father executed Gift deed in favour of your minor son , then you cannot sell the same without getting order from the court .
- Even , if you mentioned any clause for selling before majority , then also you cannot sell the same without court order.
- After the demise of your mother , her property would be devolved upon your father if he alive , and children including your sisters equal share as well.
- Similarly after the demise of father , his property would be devolved upon your mother if she alive , and children including sister.
1. Yes, get the clause mentioned that sale of property will be allowed by Guardian under unavoidable circumstances.
2. You require NOC from your sisters for this
1. Assume my father has executed the Gift deed in favor of my minor sons (property B).
In case of any unfortunate financial situation, is it possible to sell this land before my sons
become majors? Should I mention anything in the Gift deed to facilitate this?
A. The property gifted to minor sons cannot be sold till they attain majority. The Gift deed
cannot be conditional.2. My father is going to transfer 2 acres of land to my mother. After their demise, I should
get the absolute ownership automatically, without any issues from my sisters and/or their
representatives. What should I do for this?
A. No, in case she dies intestate, the 2 acres of land in the name of your mother will be divided in three share 1/3 each. However, in case your mother execute a Will in your favour in respect of 2 acres of land, you will get this land after her death.
For question 1, my answer is yes Guardian and parents of minor child do have right to sell the property for the benefit and welfare of the minor property standing in the name of minor.
For question 2 , My answer is No.
You may not get automatic transfer until gifted for or you have been given by execution of WILL by your father.
If I understand correctly, the best option for Property C would be to do two gift deeds. First, my father executes the Gift Deed to transfer 2 acres to my mother. Second, (a few months after the first gift deed), my mother should execute a conditional gift deed saying that the property will be transferred to me after their demise. I would like to avoid will deed in our case as they can be revoked anytime. I want my parents to keep a few acre of land, but there shouldn't be any litigation after their demise. Kindly suggest.
It is true that will can be revoked at any time
conditional gift deed is better solution
1. Property owned by a minor cannot be sold without the permission of the court under Guardians and Wards Act.
2. Nothing mentioned in the gift deed can empower the guardian of the minor owner to sell the property without the permission of the Guardianship Judge.
3. The land gifted to your mother will devolve through intestate succession on her husband and all children including daughters equally if she dies intestate,
Get another registered WILL prepared from the side of your mother
Its your father's property. Let him decide. He has got 2 other children as well. It's his legal right and moral obligation to look after his daughters also .
Once the Gift deed is registered it can't be revoked only Donee can do that. Then go for Conditional Gift Deed or WILL registered it.
Nothing is out of reach of law.
Every action of every person is questionable under the provisions of law.
It is possible any legal heirs may challenge any documents, deedsand acts of any executor of documents, deeds and acts.
You decide what suits to you.
Go for deed of gift which you have to duly registered.
As said earlier Gift Deed cannot be conditional. The transfer of land by gift deed come into force immediately on its registration but Will comes into force after the death of testor.
You can do the aforesaid. Even gift deed can be revoked through senior citizens Act as well as cancelled through court.
- Only last WILL is admissible , hence during his life time your father can change the same anytime.
- Further , conditional gift deed is also like a WILL , only after fulfilling the mentioned condition , it is executable.
- However,it is better than WILL.
Conditional gift deed can also be revoke. And instead of 2 gifts deed, father can execute conditional gift deed your favor, that gift will complete demise of both parents or mother. Till than father will be sole owner and after his death, mother will have life interest and than you will be owner.
To sell Minor Property court permission required.
After demise without leaving will, property devolve among legal heirs of Your parents i.e son and daughters.
yes conditional gift deed is best option.
1. Yes but only with permission of court.
2. For that your mother need to make a will in which make you beneficiary of her properties after her death.
3. You can ask your mother to execute a conditional gift deed but gift deed with conditions are not legally valid.
1. The property in the name of minor can be sold only after obtaining permission from court that too showing the interest of the minor child involved in this selling.
2. The 2 ACRE OF PROPERTY TRANSFERRED TO YOUR MOTHER'S NAME SHALL BE HER HER OWN PROPERTY, IN THE EVENT OF HER INTESTATE THEN HER SHARE OF PROPERTY SHALL DEVOLVE EQUALLY BETWEEN YOU AND YOUR SIBLINGS.
If you want to this property to not to go to them then you can ask your father to make a conditional registered settlement deed in favor of your mother that she will be having life interest alone in the property and the property shall be acquired by you after her demise/lifetime.
You can proceed as per your understanding too, this will be free from any future legal hassle.