• Transfer of ancestral property

My father in law is having 1 son & 4 daughters,all are married.my brother in law also not living with his parents.My father in law having 60 bighas of agriculture land and a big house in city.Father in law get separated this land from other his family members but big house is commonly used by all other 3 members of his family.Now my brother in law being a only son and heavy drinker get sold 15 bighas of land forcibely,now his wife compelling my in laws to get her shares in all the land as fifty percent.Where as my in laws wants that whole of the land and house be divided equally amongst all four sister not to brother in law as he has already sold out his share by force.My question is how this property  be transfered to all the sisters by gift deed or by purchasing from father?my in laws also made a registered will deed of property & debarred son in law for share,is that valid?
Asked 4 months ago in Property Law from Kandhla,uttar pradesh, Uttar Pradesh
Religion: Hindu
1) kindly    clarify on at basis you say it is ancestral land 

2) property which has remained undivided for four generations would be ancestral land 

3) it is better father executes sale deed of the land in favour of third party 

4) out of sale proceeds father can distribute sale proceeds among his daughters

5) will of father can be subject matter of challenge on his demise 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
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Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose

2)A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
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1. The daughter in law has no share in the property of father in law and hence there is no reason that your father in law fall in line of his daughter in law.
2. Since your father in law is still alive he should execute a registred Will whereby he can distribute the property equally among all his children.
3. Your father in law can give the property to daughters also depriving his son. It is valid provided the property he gift to his daughters s his self acquired property and not ancestral.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
The property can be transferred through gift deed which the best and cheaper option for the transfer of the property in the name of the sisters
Transfer can be done through partition deed or settlement deed as well,since if son has to be excluded the gift deed is best option.
The registered Will which shall be effective only after the death of the father in law is also an option but the gift deed makes it àn absolute transfer once it is signed.

A.WILL. if it is registered already càn be executed after the death of the testator/here father in law ,it can be probated and the son càn challenge it.so the bequthees will have to prove the genuininety of the WILL
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Your in-laws can file a complaint for criminal intimidation against their son if he is threatening to harm them if they dont accede to his demands. Furthermore, they are at liberty to execute a partition deed to divide the property according to their wish. They are free to execute a will to exclude their son from succession. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1.  If your father in law is alive, then it is upto him as to whom he will give shares of his properties,

2. However, your father in law can execute a will beqeuathing all his properties amongst his daughters and also son if he so wishes,

3. He can also execute and register gift deeds in favour of his children as per his wish,

4. if your father in law has registered a will, then all his said willed properties will go to the beneficiaries after his death,

5. Grant of probate shall have to be obtained by the beneficiaries for owning the share of the willed properties.  
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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1. If your father in law is alive then his properties will be owned by the beneficiaries after his death,

2. For immediate transfer of the properties, he shall have to register gift deeds in favour of persons in whose favour he wants to transfer share of his properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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Your relationship is confusing.  If your father in law is having only one son which is your brother in law then where can there be another daughter in law in that house?

Well your father in law can very well make a family arrangement deed or gift deed or partition his properties to his daughters name, but all of these documents are to be registered.
He can even execute a registered sale deed or settlement deed.in their favor.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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How the property can be transfered on names of daughters?

The properties once transferred vide any mode mentioned above shall stand in the name of the transferee automatically
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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Alternatively, a gift deed may be executed by them to transfer the property to daughters, which should be mandatorily registered 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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