in Family Law Civil Law Property Law
Asked May 24, 2017

Father wants to give property to children

  • 4 Answers

My question is before death my grand father who was ill, he gave registered will to my Dad. Now my dad wants to give rights to us of property. We are two brothers, one sister and my dad has one sister. My dad wants his property to be distributed between his two sons equally. My sister is married. Could you please let me know what kind of deed we have to go for, gift deed, register sale deed or transfer property through will on our name. We are not in position to pay huge amount for same. We do not want any type of challenge in future from any one. I do not want to get any challenge against my property from any one. I need solution on this. Please advise for this. 

Answers 4

File a partition suit in Civil Court and get it decreed mutually, it is cost less. One cannot restrain any other party from challanging any registered deed or decree. 

Agree Comment 0 Agrees over 4 years ago

If you do not want spend more amount on registration, it is better to go for gift deed. If you prefer for will deed, that may leads to legal issues between your sister and your father's sister and you after the demise of your father. So it is advised to get it registered with gift deed.

Agree Comment 0 Agrees over 4 years ago

In my opinion, a will might be most suitable, for the sale deed would require consideration from your brother, and your end, and a gift deed comes accompanied with compulsory charges like stamp duty and registration, as against a will.   

Agree Comment 1 Agree over 4 years ago

Presuming that said property was inherited by your father from his father by way of registered will,it becomes your father's indiependent property. The cheapest way wud be for your father to make a will distributing the said property between you two brothers. Get the Will Regsitered.

Agree Comment 0 Agrees over 4 years ago

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