transfer of property
aman
(Querist) 17 October 2014
This query is : Resolved
Respected experts
My elder brother 's has filed a dv act 2005 case on my father and me,although she is living with my brother separately on rent..but she is showing in court that she is living in our house..so she has a ryt to claim an ordr of residence, that said house is a self earned property of my father..and my father had disownd my brother and his wife 4 years before filng the dv act case,now my query is-
1) can my father transfer that house on my name or my wife's name
2) if he transfers it on my name,so do i have to show the transction of property value.
3) if my father gives that house as gift to me or my wife, thn also my brother 's wife can claim over that property ?
4) any other way of transfering that property or to avoid their claim on said property.
Thankyou
ADV-JEEVAN PATIL, MUMBAI
(Expert) 18 October 2014
Though it is too late to gift or transfer, possibly your father can execute will whomsoever he like if property is earned by him.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 18 October 2014
Though it is too late to gift or transfer, possibly your father can execute will whomsoever he like if property is earned by him.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 18 October 2014
It is inappropriate to gift or transfer now. Your father can execute will provided property is earned by him
Rajendra K Goyal
(Expert) 18 October 2014
There is no stay on the property sale, your father can sell it to third party and purchase alternate.
Isaac Gabriel
(Expert) 18 October 2014
Your father can execute settlement deed to you as it is self earned property.
aman
(Querist) 18 October 2014
My father has made a registrd will on my name..
Anirudh
(Expert) 18 October 2014
The Registered Will will take effect only when the property was in tact at the time of demise of your father. If the property gets disposed of or impacted prior to your father's demise, the WILL will have no effect.
In any case, even after Registering a WILL in your favour, your father is the legal owner of the property as on date.
aman
(Querist) 18 October 2014
What is the difference b/w gift deed and settlement deed.
1) If my father does a settlement deed on my name or my wife's name, thn can my brother or hs wife claim a stay in court..
2) on whose name settlement deed should be made me or my wife, because i hav read in supreme court's rulings in aruna gupta case that a woman cnt claim a relief against a woman undr dv act 2005..
Please suggest because my brothr's wife has filed for an interim relief u/s 23 of dv act 2005., and argument has been completed...
ajay sethi
(Expert) 18 October 2014
since property is owned by your father your sister in law cannot claim any right in said property . she has right to stay in matrimonial home belonging to her husband or wherein husband has share . your father can execute gift deed in your favour . there is no court order barring your father from creating third party rights on said property .
aman
(Querist) 19 October 2014
Thanx all experts for the valuable replies. But i am still confusd because some experts have suggestd for gift deed and some hav not .
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
this property is your father's self acquired property on which nobody except your father has absolute rights. Therefore, keep your worries aside because your sister in law cannot claim even residential rights in it, if at all she has any claim ,she can claim only n her husband's property, that too only for residential purpose, in case he arranges a rented accommodation for her residence, she loses her claim for stay in the matrimonial house too.
Though your father has executed and registered the will in your favor, it will not be deemed as transfer of property on your name as of now. Therefore, a settlement deed or gift deed will be the better option to secure the property in your favor now.
aman
(Querist) 20 October 2014
Thank you sir..actually they are trying to prove in court that my father purchasd the disputd house by selling the aggricultural crop and trees to prove that the said house is a joint property so my brother also hav a share ,though all the aggricultural land is on my grand father name and he is still alive..he appeared before court and stated that he has all the ryt to sell crop or trees and my father dint take any single rupee to purchase the said house..my father is a retired govt teacher..he purchasd the house by his own earnings,and registrd is on my fathers name
