Transfer of ancestral property to nephew namr
jaideep
(Querist) 12 September 2015
This query is : Resolved
Namaskar Experts! I belong to Haryana. My father has 5 siblings (3 male & 2 female). One among them is unmarried and is living with us. He has equal share of 2.5 acres in ancestral land (excluding females). The KHEWAT/KHATAUNI is still combined. Now he wants to transfer his share (ancestral) to my name. Though he has full consent but his other siblings are not agreeing. I fear that they will try to challenge it either now or after demise of my uncle (age 78 yrs)
1.Please suggest me the best option to get it transfer in my name or
my mother's, father's, my wife's or my son's name i.e almost non challengeable after demise of uncle.
2. A Release deed executed in whose favour will be the best and immune amongst me (age 25) , my wife, my father, my mother or my son (age 2 yrs).
Anirudh
(Expert) 12 September 2015
Please first indicate the total area of the Ancestral property, before any answer could be given to your query.
jaideep
(Querist) 12 September 2015
Sir, total ancestral property with my grandfather was 10 acres (Haryana). This area is devided among four parties i.e among four brothers excluding sisters. One among brothers is unmarried and he wishes to transfer his share of 2.5 acres to my name. All share holders are alive. Other two except my father and the uncle are not agreeing. How could this ancestral property be transfered to my or some body else's name in my family in such a way which is almost non-challengeable.
Thank you very much.
Anirudh
(Expert) 12 September 2015
If the ancestral property is 10 acres, how can you exclude the sisters from a share, especially after the Hindu succession (Amendment) Act, 2005?
malipeddi jaggarao
(Expert) 12 September 2015
What is the basis for determining the shares of father and his siblings? How anybody can exclude females in the ancestral property? Is there any partition deed among your father and his siblings? What type of title your uncle is having at present? If you come with full facts, you can get some guidance.
jaideep
(Querist) 12 September 2015
Sir. Both sisters have given their unwillingness to claim their share in ancestral property in front of Tehsildar and transferred their share equally among four brothers. Elder one is no more.
Kumar Doab
(Expert) 12 September 2015
------------DELETED............DUE TO AN ERROR IN RESPONSE------------------
jaideep
(Querist) 12 September 2015
Exactly sir. A partition deed to that effect has already been executed. Claimants are only 4 now.
Thanls
Rajendra K Goyal
(Expert) 12 September 2015
If the sisters have given unwillingness duly registered, their share can be excluded.
The person can gift his share, in Haryana stamp duty for gift to specified blood relative is exempted.
Kumar Doab
(Expert) 12 September 2015
Mr. Goyal is Right.
jaideep
(Querist) 12 September 2015
Thank You very much for providing valuable information.
1. Sir kindly explain this. Who among us is most suitable option to accept gift? (Options are me, mom, dady, my wife or my son who is 2 yrs old).
2. Cant a release deed be executed and subsequently registered in this case? If yes then again, who is most suitable among us?
3. I have heard that a gift deed is challengeable on the grounds that it is executed to avoid stamp duty and hence cheating with government or any other grounds?
Thank you once again!
jaideep
(Querist) 12 September 2015
Thank You very much for providing valuable information.
1. Sir kindly explain this. Who among us is most suitable option to accept gift? (Options are me, mom, dady, my wife or my son who is 2 yrs old). 2. Cant a release deed be executed and subsequently registered in this case? If yes then again, who is most suitable among us? 3. I have heard that a gift deed is challengeable on the grounds that it is executed to avoid stamp duty and hence cheating with government or any other grounds? Thank you once again!
jaideep
(Querist) 13 September 2015
Namaskar Experts! Kindly have a look into this fresh query:
I belongs to Haryana. My father has 5 siblings (3 male & 2 female). Total property with my grandfather was 10 acres (Haryana). Both daughters (my bua) have given their unwilling to claim their share of ancestral property and transferred their share equally among four brothers through a partition deed. Claimants left are only 4 brothers now.The KHEWAT/KHATAUNI is still combined.
One of my uncle is unmarried and is living with me. He too has equal share of 2.5 acres in ancestral land (excluding females after partition deed).
Now my unmarried uncle wishes to transfer his share (ancestral) to my name but his other two siblings are not happy. I am sure that they will try their best to challenge any form of transaction either now or after demise of my uncle (age 78 yrs).
Kindly advise me on following points:
1. Can a release deed or gift deed be executed in this case? If yes, then which deed is most suitable and in whose favour the deed should to be executed amongst me, my mother, my father, my wife or my son (2 years old).
2. Also I have learned from a local lawyer that a gift deed is challengeable on the grounds that it is resorted to with wrongful intentions to avoid stamp duty and hence establishing an act of cheating with government.
Please suggest the way which is non-challengeable/ non-quashable in court after demise of uncle.
Thank you once again!
Anirudh
(Expert) 13 September 2015
Please note:
1. If the property already stands partitioned and if the 2.5 acre stands in the name of your uncle then in that event he has to give gift of the property to you. He cannot release it - because there are no co-owners of the property, as the property stands in his individual name.
2. If the property has not been divided and he only has share (equivalent to 2.5 acres) but does not stand in his individual name, but as joint ancestral property, then if he wishes to relinquish/release his interests in the property he has to do it generally and not in favour of any particular person. Once he so releases, then all the co-parceners will have share in it.
jaideep
(Querist) 13 September 2015
Thank you all highly learned member of LCI. Thank you very much for your valuable guidance. This will certainly go a long way in my life.
Keep up the flying colors and all the very best to for future.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
With reference to above contexts, I agree to the views of the experts and I would reiterate the opinion of expert Mr. Anirudh that once the property has been partitioned and the individual share holders have been allotted with their respective shares, the said share of property belonging to them may be disposed by them in any manner to anyone of their choice, therefore your unmarried uncle can very well exercise the option to execute a registered gift deed in your favor and the same is legally valid as well as cannot be challenged by anyone having interest or not in it.
