My father having one land, that land is my grandfather’s mother property. That property after death of my grandfather, my grandfather’s mother gifted (Stamped & Registered) to my grandmother to save her and children’s life. My Grandmother without any will dead (in my grandmother life time my father only cared her). After my grandmother death by court only my father and his brother both equally shared this property. Now my father share, he is willing to gift to me. My father have 2 daughter (Both married) and one son (me). My father can gift his property to me without my sister’s signature. Pls. advise. Question: 1. My father can gift his (share) property to me & How ? 2. Any NOC required from my 2 Sisters? 3. My father can sale this property without any NOC?
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1. This being your father's inherited property, it becomes his own and absolute property.
He can very well execute a registered gift deed in your favor.
2. NOC from your sisters is not required, but if you anticipate they to create any unnecessary problem on this subject at a later date, your father may obtain their signature in the witness column of the registered gift deed.
3. It is his own property hence he can very well sell it or encumber it in any manner.
Father can gift property to you
2) no NOC required of sister
3) father can sell property without NOC
If registered without NOC and without witness from my sisters, In future they have right to ask any share in this property legally. Pls. advise.
1) sisters can move court to challenge gift deed if gift deed was executed under coercion or undue influence by father
2)onve gift deed is executed yiu woukd be absolute owner of property as title passes in favour of donee
On the demise of your grandmother the property devolved through succession on her heirs i.e her children. Your father is at liberty to execute a gift deed in respect of his own share in your favour. He does not require any NOC for this from your sisters.
The NOC is not at all required neither their witness signature in the registered deed.
Since you were looking worried on that aspect hence was that advice.
This being your father's own property, this was disposed by him in the manner and mode as per his desire and choice hence there can be no objection or claim by any third person on this anytime either now or in the future.
Therefore when your sisters are not entitled to any share or rights in the property now, they cannot make any claim at a later stage.
Any such claim shall not be maintainable in law or even tenable.
1. Yes. The said share of your grandmother's property is owned by your father and he can deal with the said share of the property in any way he feels like including gifting the same to you,
2. There is no need for any NOC to be obtained from your sisters or anybody else,
3. Yes, your father can also sell the said share of the property to anybody he feels like without taking consent or NOC from anybody.
1. No. When your father is alive, it is his property and nobody can ask for his/her share on the said property,
2. The question of claiming share of the property by the legal heirs of your father arises only when your father dies, intestate, i.e. without executing a will.