Share from the property
Vilintina D
(Querist) 26 November 2013
This query is : Resolved
This is regarding property issue.
My brother has got married in 2012 and his wife does not live with him because of some issues family issues. They have a 8 months old daughter as well.
We live in a chawl in Mumbai and we have two houses in my fathers name, my brother is asking to transfer one house in his name for security reasons, since his wife does not trust us and she says she will start living with him only ones the house is transferred in his name. (They will rent a house and live together not in joint family)
My Father is ready to give them the money to buy their own home but we are looking at a potential buyer to buy this house, till then as a security my brother and his wife wants the house in their name.
My father is willing to do so in order to save the marriage.
I have a few questions here.
1. We do not mind giving the house in his name but can we have a clause that he cannot sell it.
2. Can the house be transferred in the 8 months old daughter and the main custody lies with my father.
3. after we tranfer it to the 8 months old daughter can my father sell the house once he gets a potential buyer and give them the money that comes from selling the house.
Request you to kindly advise on how should we address this situation to avoid falling into legal complications.
Thank You
adv. rajeev ( rajoo )
(Expert) 26 November 2013
You can put the cluase as not to sell.
Your father can transfer the house to minor girl, after transfer to minor he cannot sell the minor's property without the order of the court.
Rajendra K Goyal
(Expert) 26 November 2013
Well advised by the expert adv. rajeev (rajoo), nothing more to add.
Rajendra K Goyal
(Expert) 26 November 2013
Well advised by the expert adv. rajeev (rajoo), nothing more to add.
Vilintina D
(Querist) 27 November 2013
Thank You Adv Rajeev and the rest of you as well.
T. Kalaiselvan, Advocate 
(Expert) 27 November 2013
1) In a settlement deed, the clause can be endorsed,
2)it is okay through a settlement deed;
3) No, the property on minor's name cannot be sold during her minority without the permission of the district court.
