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subrata bose (mr)     03 May 2010

division of family property

Can my mother ( father is dead) give her property ( property is in her name) only to one of my brother depriving other brothers and sisters?



Learning

 12 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     03 May 2010

is property your fathers self earned or he has received in succession.

if self earned

your mother can do as she wishes.

if your father receive it in succession then you can claim the same.

R.R. KRISHNAA (Legal Manager)     03 May 2010

Yes.  If the title of the property stands on your mother's name she can do so.

Anil Agrawal (Retired)     10 May 2010

In India, many people acquire properties in the name of their wives and children causing this problem. Benami Transaction (Prohibition) Act makes them owners.

Shailendra (Manager)     22 May 2010

Hi, I am Shailendra Gurap residing im Mumbai. My Grandmother has a Mhada property in her name & I want the said property to be transferred in my name. My father & my uncle have 50 % share each in the property. I am paying a X  sum on my fathers behalf to my uncle to surrender his share in the property. I have done notarization of the family partition deed & taken POA of my grandmother/uncle/aunty & my family member including my father/mother & younger sister.

Please suggest if notarization is enough or suggest me some ways so i can secure my property in future & this is a ancestral property

Regards,

Shailendra

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 May 2010

kindly do the registration in your name or

in other words alongiwth family partition deed, 

you regsiter it with the registrar will be the best option as then only you can transfer the said property on your name. "AS IT WILL MAKE YOU LEGAL OWNER BY WAY OF TRANSFER DEED ON YOUR NAME"

Shailendra (Manager)     22 May 2010

Thank u Mr. Gulammayudin A. Gagdani for your valuable suggestion. Can I transfer the property in my name with doing minimum registration expenses, by using any other deed such as gift deed of something else. If I register the family partition deed the registration amt is huge coz the deed includes monetary details in it & liable for a stamp duty

Please help me in guiding if i can register any of the deed with minimam stamp duty or registration expenses?

Shailendra

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 May 2010

well kindly contact your local advocate for info on gift deed, you can go on for gift deed,

as it will reduce stamp duty.

Anil Agrawal (Retired)     22 May 2010

your grandmother's property where your father and mother hold 50






Your grandma's property and your parents hold 50% share each. What is this?









%

Shailendra (Manager)     22 May 2010

No, Mr. Agrawal it not 50% between my father & mother its between by father & uncle....

Kavitha RaviKiran (small scale business)     23 May 2010

Hi,

My husband owns a plot which was pirchased before we got married.He has lone on that.Now I have money to get off of the lone.

Could anyone please let me know ,if the property can be registered again on both of our names jointly?

Also please provide information if wife has rights on husband's property?

It is bit urgent please.

bhagwat patil (Property due diligence 9422773303)     26 May 2010

Purchase 1/2 share from ur husbund.

Anil Agrawal (Retired)     26 May 2010

Undeniably wife has a right in husband's property if it is self acquired by him out of his income. Registering the property in the names of husband and wife is, I must say, a far sighted proposition.. 

We have seen that neither the wife trusts the husband nor the husband trusts the wife in property matters.


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