Your father has every right to give his self acquired property to any person or persons of his choice during his lifetime. No one can claim against his wish either son or daughter.
Self acquired property of my father
Sir,we are 4 children to our parents.two sisters and two brothers.my father does not has any ancestral property.he self acquired the properties.that is he purchased with his hard earned income. my question is do our sisters have any right as per the law for their share in my fathers self acquired property. my father wants to gift deed his self acquired property the sons(us).at present my father is staying with sons.
Asked 3 years ago in Property Law
Religion: Hindu
32 Answers
my daddy purchased a plot on my mother name.it is not ancestral property.it is self acquired property.my parents have 4 children( 2 sons and 2 daughters).both parents r staying with us(sons).sisters got married. my question is do our sisters have any right as per the law in my mother plot which was purchased by my father in my mother's name my parents wants to gift to sons(us)
Asked 3 years ago
1. Since it's your father's self acquired property, your father will have absolute right over the property and none else will have any right over his self acquired property during his lifetime.
2. Your father will be legally right to gift the property only to his sons through a registered Gift Deed, as the property is his self acquired property.
3. None, except him will have the rights to your father's self acquired property during your father's lifetime, including his wife, sons and daughters.
Father can execute gift deed in favour of his sons
if he dies intestate ie without will then Wife , sons , daughters would have equal share in property
1. IF Property is Self-Acquired by Parents, THEN Parents, while being alive, are legally entitled to Sell /Gift /WILL /Transfer /Donate /Mortgage /whatever.... to "ANYBODY" they wish and children have no legal right to restrict the parents and no NOC of whatever is required from the children.
2. Hindu Children DO NOT have any inherent right over their living Parents properties, in any manner, whatsoever....
3. However, IF Parents die without executing any WILL, THEN "ALL" children shall have EQUAL right over all the properties of Parents, without any exceptions, whatsoever....
1. Since the name in the sale deed has your mother's name as owner in the sale deed, your mother, being her self acquired property, is independent to take a decision regarding the property.
2. Being the owner of self acquired property, your mother can gift the property to her sons through a registered Gift Deed.
- As per law, if there is self acquired property of father , then during his life time none having right to claim over the same , and father is having his right to transfer the same to any person as per his own wish.
- Hence, if your father wants to gift his self acquired property to sons , then your sisters having no right to claim over the same legally, and your father is having right to transfer the same after executing a registered Gift deed in your favour.
- Further , if the said property is in the name of your mother , then your father is not having any right to transfer the same without getting Gift deed from her or without court order , even the amount was invested from him.
Since the property is in the name of your mother, she can deal with the property in any manner whatsoever during her lifetime. She can sell, lease, gift, mortgage, Will, etc. during her life. The children do no have any right in the self acquired property during their lifetime. The right in property is inherited when the parents die intestate. If they execute a Will during his lifetime, the Will shall come in force after their death. Hence, your mother can execute a Gift Deed in favour of you both sons during her lifetime.
sir, my father's self acquired property of 2000 sq yards have been gifted to two brothers.no where in the document mentioned partition of 2000 sq yards into 1000 sq yards each.it is a single property. when we were 23 and 21 years old he has gifted to us.i want to sell my part(what is my part).my brother doesnt want to sell.how to solve this without any dispute between us. we brothers have good relations. .i am the elder brother.
Asked 3 years ago
You said I want to eat without using my hands. How it can be possible. To get something, you have to do something. Hence, if you say that you want to solve this problem without any dispute, then agree to your brother and in case you want to sell your undivided half share in the said property, you have to file a partition suit (in case your brother is not ready to execute partitition deed) and court will pass a decree and on the basis of decree, you can sell the property.
If property was purchased by father in mother name then daughters can claim share in property as it was bought for benefit of joint family
You are at liberty to sell your share in property gifted to you by your father
If it is self acquired property, your father can deal with the said property as per his wish and will. No one can force him to distribute the his self acquired property as per their demands.
However, after your father (if he does not bequeath / write about his property), the same devolves on his wife and children equally. Let him decide with regard to distribution of property during his life time only to avoid future complications.
1. Single un-divided property can be sold by following procedures:
a) Execute a mutual consent Registered "Partition Deed", clearly demarcating the portion of each brother, via a registered Architect approved layout plan.
IF EITHER JOINT OWNER IS NON-COOPERATIVE, THEN:
b) File Partition Suit in the local Civil Court, with the Architect's approved layout plan.
2. However the above is NOT required, for Sale /Gift /whatever .... of the property between the brothers.
During the life time of your parents, they can deal with the said property as they like. It is better get the property Gifted to you people as per their wish, get the same Registered by paying stamp duty and registration charges.
Best option is, instead of sell it to outsider, you can sell / release your property to your brother i.e., instead of bringing in third party into the property if the same is taken by your brother he can have a single chunk of the property. It is called Right of First Refusal, if he does not take it, you can sell it to some other person, for which the same has to be divided into two parts by metes and bounds by identifying boundaries.
You need to settle the same by way of gift / sale / release your share to him, what ever mode you opt, it has to be registered by paying stamp duty and registration charges.
1. Both the brothers can get the property bifurcated into two separate properties, by executing a registered Partition Deed in the jurisdictional Sub Registrar's Office.
2. This can be resolved by amicably partitioning the single property divided into two separate properties by metes and bounds.
3. After registration of the Partition Deed, submit an application to the local municipality/Corporation Office for change of names in the revenue records and separate account maintained seperately in the names of two brothers in the official records.
In his life time, none have any share in the property and he can gift his property to your child or anyone.
Mother is owner in sale deed so both mother and father have to execute single gift deed.
Both have 1000 sq yards each. Partition the land sell your portion.
Hi
With reference to your second query, where the property was registered in the name of your mother, any property in the name of hindu female (section 14 of Hindu succession act) is her absolute property.
It does not matter whether the money was paid by your father or was self acquired property by your mother.
All that is to be looked in to is whether the property is in the name of mother or not.
So, in your case, since the property is in the name of mother, in case she does write any will/ execute a gift deed during her life time, then the daughters will have right to claim their share of property by virtue of them being class I Legal heirs of your mother.
With reference to your third query pertaining to gift deed executed by your father in your name, it appears that both of you are donees and hence claimants to 2000 square yards and both of you are entitled to 1000 yards.
Option 1
If there is no building in the said 2000 yards, then you can execute a settlement deed between you and your brother wherein you can divide the 2000 yards by metes and bounds (physical division) in to two and demarcate the 2000 yards in to two 1000 square yard property with each property having specific boundaries and thereafter sell the property to the buyer.
a) You will incur Registration and stamp duty for settlement amongst family members
(Present Stamp duty for settlement amongst family members will be 0.5% of sub registrar value and Rs10000 as registration fees)
and thereafter
b) Buyer can pay stamp duty and registration fees (total 6% of market value of 1000 square yards)
Option 2:
1) If there is no building in the said 2000 square yards, you can sell your share of 2000 square yards after effecting physical division (i.e you will get 1000 square yards , with specific boundaries for your 1000 square yards) and you can execute a sale deed with the buyer wherein you can ask your brother to be a consenting witness to the sale (as he has to agree to the boundaries of 1000 square yards allocated to the new buyer) .
2) In this case, Buyer will be liable to pay stamp duty and registration fees (total 6% of market value of 1000 square yards),
Since your brother is not willing to sell his share, option 1 is better in interest of retaining family ties and having better documentation pertaining to title , where as option 2 is better in terms of saving of monies.
Hope this information is useful.
You sisters have no rights because it is self acquired property of your father and he has full choice and freedom to sell transfer and gift it to anyone whom he likes to transfer, sale and Gift.
You can prepare partition deed mutually acceptable to both of you and get the property divided as per your quantum of share and free to sell and transfer to any third party.
Being self acquired property he can give it to anyone without anyone's consent. Only if he dies without will you will get share in the same
Your father's self acquired property is his own and absolute property.
He can decide about disposing or transferring his own property to anyone of his choice or decision.
Nobody can question his authority.
As a matter of legal fact neither his children nor his wife or anyone claim any share in the property as a right.
Therefore his decision to give away his property only to his sons cannot be challenged by his daughters either during his lifetime or after that.
The property bought on your mother's name by your father is her own property.
In that even her sons did not have any rights at least during her lifetime.
However your mother's decision to transfer her property to her sons alone by a gift deed can neither be objected nor challenged by her daughters as a right.
Since the 2000 yards property has been transferred to you both jointly, you both are entitled to equal share in the property.
You both can first draw an amicable partition deed with agreed terms on boundaries clearly demarcated.
After that you can get the share of your property transferred to your name in the revenue records.
Once this done you may sell your share of property as per your desire.
- Since, you got a share of 1000 sq.yds in the said self acquired property , and your brother same share , it means that by way of Gift deed , this property is joint property ,
- Hence, being a joint owner of the property , you can sell your share i.e. 1000 sq.yds to any persons legally without any dispute with your brother .
File a partition suit and get the property divided equally and let anyone sell his/her portion
If the father has self-acquired property, he is free to deal with it as his children have no right to claim it during his lifetime. If he dies intestate (without leaving a will behind), all children are entitled to get it as legal heirs
your parents can execute registered gift deed in favour of his sons
you can sell your share without consent of your brother
1. Daughters succeed in the same manner as sons to the self acquired property of father. However, during the lifetime of your father none of his children has any share in his self acquired properties and he is at liberty to alienate the same to anyone. The right of a title holder to discriminate between his heirs when it comes to transfer of property is unquestionable and indefeasible. He is free to gift his property to sons to the exclusion of daughters.
2. What is stated above applies verbatim to the property of your mother. She too is free to transfer it to her sons to the exclusion of daughters.
1. Your sisters cannot claim any share from property of your father till he is alive.
2. He can dispose the property without consent from any of his child.
3. He can gift the property to his son without any objection from his daughters.
The sisters have a right only if the father dies intestate. If the father wants he can give it to anybody.
Yes they can do so and nobody can stop them.
You may sell it to him or better still file a suit for partition and then sell the property.