Gifting leasehold property

Guest (Querist) 10 August 2015 This query is : Resolved
MY FATHER OWNS A PROPERTY IN WHICH HE IS 50% OWNER OF LAND(BY MUTATION IN LAND RECORDS) AND 2/3 OWNER IN BUILT UP PROPERTY THRU UNRGEISTERED FAMILY PARTITION. NOW HE WANTS TO GIFT ONE FLOOR EACH TO EACH OF HIS SON-ME AND MY BROTHER .THIS IS A LEASEHOLD PROPERTY
THE OTHER 50% CO OWNER OF THE LAND IS HOSTILE WITH US . HOW CAN WE SAFEGUARD OUR INTEREST IN THIS PROPERTY . WILL GIFT DEED EXECUTED IN FAVOUR OF ME AND MY BROTHER WILL SAFEGUARD OUR INTERESTS ? ANY OTHER WAY BECAUSE WE ARE EXPECTING DISPUTE FROM THE OOTHER 50% CO OWNER

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ADV-JEEVAN PATIL, MUMBAI (Expert) 10 August 2015
In my opinion had.the property divided or partitioned, it would have been safer. However he safely gift it to u of50% he legimately owns i vpcommon property.

Rajendra K Goyal (Expert) 11 August 2015
The family partition is unregistered, it is open to challenge.

Get a decree regarding the partition validity from court, consult local lawyer.

Guest (Querist) 11 August 2015
The other 50% co owner of land is already hostile and we are expecting them to challenge . Will the court recognize the unregistered partition deed , how strong is our case .please advice any other option also

Guest (Querist) 11 August 2015
the other party 50% land owner and 1/3 built up property owner ( my fathers real brother) who signed the parttion deed is no longer alive , his sons are creating the problem
will his not being alive also comprimise the family deed

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