It's 1/3 yes he can transfer or sell his right.
Inheritance Rights
In my father name 1.07 acre agriculture land are there in Karnataka.... title obtained from his late father (self acquired property) after his death. my father has 2 Brothers and 2 married Sisters. Only 2 married sister recently relinquish their rights through register release deed. kindly advice now what is the share of my father (1/3 or 3/5th)? and my father has wife and 3 daughters 1 son (me). what is inheritance rights of my mother, sisters and me? can my father transfer his share to me through gift deed or partition deed?
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
Your father has one third share in agricultural land . Relinquishment deed operates in favour of all legal heirs
2) on your father demise intestate land would devolve on your mother , you and your siblings
3) father can execute gift deed in your name
After the relinquishment of share of your aunts your father is now entitled to 1/3rd and not 1/5th share as suggested by you.
Now since this is ancestral property on death of your father you, your sisters and mother are entitled to equal share.
So he can not transfer all of this in your sole name.
1. Subsequent to your 2 aunties' relinquishing their rights over the property in favour of your father and his 2 brothers, your father and his 2 brothers are entitled to equal share in the property, i.e., 1/3rd each. Your father will be entitled to 1/3rd share.
2. During the lifetime of your father, his family consisting of wife and children will not have any rights. However, in case of intestate ( without executing a WILL ) death of your father, then your mother, your 3 sisters and you will be entitled to 1/5th share in your father's property.
3. Voluntarily, your father can gift his share in the property through a registered Release Deed relinquishing his right over the property in your favour. Also, he can partition the property in your favour by metes and deeds by execution of Partition Deed in the jurisdictional Sub Registrar's Office.
Sisters relinquish their rights through register release deed in favor of my father only after taking money from my father...but father holding the title of the full property...is release deed operates to all brothers...
Asked 3 years ago
It would operate in favour of your father as father paid consideration to sisters for their share in property
Your father shall be entitled to inherit1/3rd share in the property.
The share of property inherited by your father shall be his own and absolute property.
Neither his wife nor children have any rights over this property at least not during his lifetime.
Your father can transfer the property to anyone of his choice by whatever legal mode of registered transfer viz. Gift or settlement or sale deed.
He can even partition or arrange for family settlement settlement of the property based on the prevailing circumstances.
Therefore there's no legal infirmity in your father transferring the property in your favor by a registered gift or settlement deed.
In a jointly shared property, the relinquishment or release deed executed by some shareholders shall be in favor of all other shareholders only and not in favor of any particular shareholder.
It is for the common benefits of all the remaining shareholders.
Your father cannot claim exclusive rights over the rights relinquished by his sisters.
Yes release deed operates to brothers
1. Since Father received Ancestral Property vide Settlement terms, THEN such property losses is status as "Ancestral Property" and becomes absolute Title-Ownership "Self Acquired" property in the hands of Father, who is legally entitled to Sell /Gift /Transfer /Donate /Mortgage /whatever.... without any legal reference or NOC of his Children or other legal heirs.
2. Only the legal heirs (Wife & Children) of Father are entitled to property standing in name of Father. Brothers & Sisters have no right on your Father's property.
3. IF "anybody" else (including brother /sister) tries to Sell /Gift /Release /Donate /Mortgage /whatever.... THEN such person shall be liable for prosecutable offences of Fraud, Intimidation, Breach of Trust, Forgery, Cheating, etc....
Yes it operates to all brothers
Father have 3/4th share if release deed execute in his faovr and rest 1/4 belongs to uncle. Wife, children have no right in his life time.
can my father transfer his share to me through gift deed or partition deed? -- YES.
Your father entitled to inherit 1/3 share.
wife and childrens has no share.
your father can execute gift deed in your favour.
Your father has 3/5 rights as legal heirs of your grandfather.
Release deed separately from all legal heirs
1. Your father can claim 1/3 of property which is on name of their father.
2. If the property is transfered on name of your father during lifetime of your grandfather then he will be owner of complete land.
3. His share will be divided in five equal shares among you, your mother and sisters if your father dies intestate.
- Since , your grandfather died interstate , then his property would be devolved upon the legal heirs equally.
- Further , as your father has 2 brothers and 2 married sisters , then their respective share in the property would be 1/5 th .
- But , as the two sisters release their respective 1/3 +1/3 rd share in favour of brothers , then now there are only 3 legal heirs left for claiming the share in the property , hence your fathers share is 1/3 of the property.
- Further , after the demise of your father intestate , his property would be devolved upon his wife, 3 daughters and you equally.
- Further as the said property is self acquired property of your father , then he can transfer the property to anyone , like you by way of Gift deed , and none having right over the same during his life time.
- Further , the sisters of your father have already release their share by way of registered Relinquishment deed , then they have no right over the property legally.
Your grandfather's property is to be divided. Your father's brother's and him and their children have a share in the property.
The release deed operates upon all the shareholders. Here his sisters have given him their share. Hence he will be having 3/5th of the property.
Dear Sir/Madam,
It is suggested that your father has share of 3/5 property of his father, as he has relinquish deed from sisters in his favour and the same will be transferred to you, mother and sisters. You father may write a gift deed on your name.
- As per the information mentioned in the present query, makes it clear that the Property came to your father through his late father making the property anscestral in nature irrespective of the fact whether the same was sled acquired for his late father or not.
- I would like to apprise you that as sisters have releases their right then they now cannot claim any right in the property.
- Now, there will be 6 shares out of share of our of the total property that is your father, you, your father's brother and your sisters.