Transfer of propery to father to sons in (huf)
Ravikant
(Querist) 08 November 2013
This query is : Resolved
Dear Sir,
my father is 80 year old having house in his name, we are three brothers. elder brother wants property made in his name to take benefit of property taxes as he is ex serviceman
my question is if house made in his elder brothers name how we ( other two brothers) can get this property
what is procedure for transfer of property from father to sons
Regards
Ravikant
Rajat Bindal 09917149977
(Expert) 08 November 2013
If the property is in the name of Mr. X and he wants to transfer it to his son during his lifetime, he has to execute sale deed or gift deed which need be compulsorily registered attracting full stamp duty as applicable in State.
However, Mr. X can execute a will to distribute the property as per his wish after his lifetime.
If no will is executed the remaining property shall devolve as per Hindu succession Act on all sons, widow,mother, all daughters in equal share.
BAALASUBRAMANNYAMM
(Expert) 08 November 2013
If the property is a self acquired property of your father, he has every right to give, what ever he wants. No body can objects him.
Once he executes a" Gift Deed" in favour of your elder brother, the other two brothers will come "Zero" position.
Rajendra K Goyal
(Expert) 08 November 2013
If the property is self acquired by your father he can execute a will or gift it. Mere transferring the whole property in name of one son to save some property tax is not advisable. Property tax rules may change but other legal heirs will not get their share in the property.
Raj Kumar Makkad
(Expert) 11 November 2013
Procedure has already been told to you but keep in mind that after transfer of that property exclusively in the name of your elder brother, you other 2 brothers shall have no right of ownership thereto and your brother shall be its sole owner.
Ravikant
(Querist) 19 November 2013
thank you very much for your valuable advise.
Ravikant
(Querist) 03 December 2013
Dear Sir,
This property is my grandfather ancestral property . secondly Is there any possibility of making his name ( means elder brother name )by pressurizing my father with out informing me as i am staying in a other city. thirdly my elder brother taken my fathers care and hospitalization etc.
In above all cases what should i take the steps to get the property.
please tell the after partition legal and munciple corporation procedures.
Sudhir Kumar, Advocate
(Expert) 08 November 2013
