• Distribution of father's own earned property while alive

My father has one storied incomplete house with some vaccant land in krishnapur,Kolkata-102.My father has two sons & three married daughters & all are married.All three daughters are well established.I elder son want to make two storied on the same house with the help Bank loan.My father desires to distribute his property to his two sons only so that his elder son can make two storied & also getting Bank loan.In this case my married three sisters can have any legal right to demand property share or create hinderance.If so,whats the way to overcome this problem or no whats the law in constitution.
Asked 1 year ago in Property Law from kolkata, West Bengal
Religion: Hindu
During life time your father can sell, gift or make will to any body, so your sister can not raise any objection to transfer the property to you. But if your father died intestate then you, your brother and sisters have equal right according to Hindu Succession Act.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1) father can execute gift deed in favour of his 2 sons forthe house

2) gift deed should be duly stamped and regd 

3) daughters cannot claim any share in self acquired property of father during his lifetime 

4) only if father died intestate would daughters have one fifth share in property
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
.In this case my married three sisters can have any legal right to demand property share or create hinderance.If so,whats the way to overcome this problem or no whats the law in constitution.
No they dont have any rights to interfere in your father's decision during his lifetime.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. None of the children of your father has any right in his property during his lifetime. Your father is free to make a will or gift deed in favour of his sons, if he desires. He may also enter into a family settlement with his two sons to place an embargo on the right of his daughters to claim any share in the property. 

2. If your sisters create a hindrance then you and your father can move to court to seek injunction against them.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi, if the property is the self acquired property of your father then he can gift the property to his two sons so other daughters have no right to claim the property.

2. If the property is the ancestral property then all sons and daughters have equal share in the property and if the daughters have willing to give up there share then they have to execute the release deed in favour of your father.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your father should execute a will bequeathing the title of his house amongst his two sons and in that case you shall have to take probate of the will after his death and after only taking probate of the will, you can own your share of the house,

2. Alternatively, your father can execute and register a Gift/Settlement Deed gifting/settling 50% of his house to each of his two sons and in that case you will get the ownership of your share immediately but your father will have no right and title on the said house,

3.Your father shall have to chose amongst any one of the above alternatives.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0
1. It shall have to keep in mind that gift/settlement  deed is required to be registered whereas will need not be registered,

2. Gift/settlement deed transfers the title of the property immediately in your name but will transfers the title of the property after yiu take probate of the will after the demise of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0
If it is the self-earned property of your father, it is his absolute right and liberty to give the property to anybody, including only to two sons.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0

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