Father's house
rajesh
(Querist) 21 July 2013
This query is : Resolved
Experts,
my father has a house and a shop on his name. I have a pending 498a, DV and divorce will later follow.
I want to know, how can i safeguard my father's property from the b**** . We are 2 brothers so what are the economical ways that property can be transferred on my brothers name without any future threat and claims from her.
Easiest and most expensive way is father sells it to brother and registry is done, which would involve a lot of money . Please advise
Sudhir Kumar, Advocate
(Expert) 21 July 2013
Good idea. You will be fully by-passed from inheritance and your brother in future will not allow you to even step on the property (yes it does happen after emotional holocast is over.
Do not plan a cheating with yourself only to ensure that someone else doe snto share your dues.
rajesh
(Querist) 21 July 2013
Mr sudhir, u do not need to teach me all that....just legal advisr is sought...my brother has brought a house for me on my name with all his money) in Mumbai !!!! so u dnt need to give me sermon on what my brother may do in future to me
Nadeem Qureshi
(Expert) 21 July 2013
Dear Rajesh
at present she can not claim your father's property.
prabhakar singh
(Expert) 21 July 2013
The law in news would take time in it's enforcement.
Your father is owner with right to lay down succession by a will is one of the cheapest rout by which he can debar you from inheritance.
The other mode can be transfer inter vivos which may be either sale deed or a gift.Sale to son does not sound well and besides passing of consideration it would be expensive also on cost front of stamp duty.
Hence GIFT SHOULD BE OPTED WHEN YOUR FATHER DOES NOT WANT TO REMAIN OWNER IN HIS LIFE TIME.
IN CASE YOUR FATHER WANT TO REMAIN OWNER DURING HIS LIFE TIME THE WILL IS THE BEST OPTION.
ajay sethi
(Expert) 21 July 2013
amendment has to be passed by both houses of Parliament . it will take time .
gift deed attracts nominal 2%stamp duty . father can make gift deed in favour of your brother . or will as suggested by prabhakar singhji
malipeddi jaggarao
(Expert) 22 July 2013
Agreed with expert Mr.Prabhakar Singh. Mr.Rajesh, need not be that harsh on the expert. Do not expect the answers will be in language of your liking.
V R SHROFF
(Expert) 22 July 2013
Mr.Rajesh,
Shri Sudhir advised you to safeguard your property, and a timely proper advise.
It alert you before parting with your property.
We Advocate first think of the client's interest.
Time proves, this type of advise were true and correct.
There are many ways to safeguard your interest in property, without loosing it.
For Example, RENT it out to your confidential relative for 25 years adv rent .
Lowest Regn, sd, and your wife cannot claim possession. Once matter of Div over, take it back. ur purpose is served.
Why loose permanently?
Do not part with your property due to fear of someone claim in future. She may or may not claim. She may marry another rich man. Lots of alternatives.
Rajendra K Goyal
(Expert) 22 July 2013
Well advised by the experts.
The author did not cared to mention in his query that his brother has purchased some property in his name, or he wanted some answer of his choice. In the given facts the advise of expert Sudhir Kumar ji was perfect, practical and appreciable, in response the comments of author were quite unwarranted.
ajay sethi
(Expert) 22 July 2013
sudhir kumar is a senior experts .we are not interested in giving sermons . our only objective is your welfare .
Raj Kumar Makkad
(Expert) 22 July 2013
It seems good advice is not liked because that is given free of cost.
Dr. Jyothi Vishwanath
(Expert) 22 July 2013
The way author has reacted and responded to Senior Expert Mr.Sudhir shows how his arrogance...
rajesh
(Querist) 24 July 2013
m sorry mr Sudhir and other experts who felt offended....
i didnt do it intentionally, it was my mistake tht how wud Sudhirji know the setup and bonding of my family...
sorry once again
