Transfer of property

celina (Querist) 10 February 2015 This query is : Resolved
Hello,

Can a father (age 85+) transfer his part of the property to his brother without discussing with his children?

The property is ancestoral property but mutully settled 40 years back and now it is in my father's name. But we feel he has now given a part of the property to his brother who has never contributed anything to the family or property. In case if the property is transferd without even discussing with us, can we do something from our end. We feel my father's brother has threatened my father and has got the property in his name.

Need guidance to proceed further please.

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malipeddi jaggarao (Expert) 11 February 2015
What do you mean by ancestral property but mutually settled 40 years back? By partition deed among the legal heirs? If it is not self acquired property of your father you can bring injunction from competent court. Consult a local lawyer and show him the papers relating to the property.

Rajendra K Goyal (Expert) 11 February 2015
Property is in the name of your father and he has right to transfer / sell / gift / will / mortgage as per his wish. You can not check him ill he do so in full senses.

Dr J C Vashista (Expert) 11 February 2015
Ancestral property settled 40 years back?? Show the document of such settlement to a local lawyer for proper advise.

T. Kalaiselvan, Advocate (Expert) 13 February 2015
Once there was a proper partition by following the procedures properly, the nature ancestral extinguishes therefore the share holder becomes an absolute owner of the property, thereby he need not take consent from any one to dispose his own property.

K.K.Ganguly (Expert) 16 February 2015
1. Since the property has bee settled 40 years back, it is no more an ancestral property,

2. Your father is the absolute owner of his share of the said property and can deal with it in any way he likes to for which he won't have to take permission from anybody including you.

Anirudh (Expert) 16 February 2015
Whether your is 85 tears old or 800 years old has no meaning to your question.

You have to first indicate (i) as to how your father got the property (ii) from whom did he get the property (iii) in which year he got the property.

Without this basic information, it is not possible to give an appropriate answer to your query.

Guest (Expert) 16 February 2015
There is no provision in law to discuss with children before disposal of property if your father has the property in his own name.

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