Can my father transfer his property to 4 out of 5 daughter?
Bhuvi Garg
(Querist) 01 October 2009
This query is : Resolved
Dear Sir,
we are five sisters(married) with no brothers.Lately my father and my mother were troubled a lot by my youngest sister and her husband , demanding their equal share in our father and mother's property as well as the land, which our father gave them on rent for running their business temporarily, apart from their share of wealth.
Now looking at their greedy nature my father does not want to distribute his and wife's property in her name except the other four.
He fears to do so as this (youngest)daughter have a retired criminal father in law who is playing all the games to acquire all the share in property.
Is there any way out where my father can transfer/gift the property safely to all his other 4 daughtes except the one and how can he throw her and her spouse out of the land given for running their business?(as there was no proper rent agreement ever made)Please help.
Guest
(Expert) 01 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE PROPERTY AND SHARE IN PROPERTY KINDLY NOTE THAT.
1.ANCESTRAL PROPERTY AND SELF ACQUIRED PROPERTY THESE ARE TWO LEGAL TERMS.
2.IN ANCESTRAL PROPERTY WHICH YOUR FATHER HAS GOT THROUGH HIS FATHER OR MOTHER ,ALMOST ALL FAMILY MEMBERS HAVE LEGAL RIGHT IN THE SAID PROPERTY BY BIRTH IN THE FAMILY.
3.IN CASE OF SELF ACQUIRED PROPERTY OF YOUR FATHER ,HE CAN DISPOSE OF THE SAME AS PER HIS WISH TO ANY OF HIS HEIRS.
4.AS FAR AS EVICTING THE TENENTS KINDLY NOTE THAT THERE ARE SPECIAL PROVISIONS OF LEGAL NOTICE AND FILING THE EVICTION SUIT IN THE COURT.IT IS ENTIRELY A TECHNICAL MATTER BASED ON PROVISIONS OF RENT CONTROL ACT AND TENENCY ACT.
5.YOU MAY WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE
Sachin Bhatia
(Expert) 01 October 2009
1. If the property in dispute is self acquired by your father then he has every right to dispose of that property.
2. File a case under Rent Control and eviction Act to throw them out.
adv. rajeev ( rajoo )
(Expert) 01 October 2009
It the properties are self acquired then they can dispose or transfer to any body. If they are ancestral they ur sister has got equal share alogn with other members of the family.
Bhushan V. Kale
(Expert) 02 October 2009
I agree with Mr. Nandkumar. If the propery is self acquired, he may transferred it by way of gift or by executing will in favour of daughters.
