Need clarification on property law

If the property is your father's self acquired property your brother cannot ask for anything.  If it is ancestral file a partition suit in court.

You have not mentioned whether the subject properties are your father's ancestral or self-acquired.

It is better to show the document to a local prudent lawyer for appreciation of facts/ documents and professional advise. 

It is better that your father to gift the property to other two shareholders and also make a will – in the will deed he should mention that he had given already 3 acers of land with detail to your brother and the rest of three acers has been gifted to you two. That will end the issue. Register in court all the documents 

The very first thing you should tell that where do you live? 

Hi, I’m Adv. Niharika and here is my take on your query.

Will is a testamentary document which will have effect only after the death of the person who executed the will (testator). And only then you will become the owner of the property.

Gift is a kind of transfer under which you will become instant owner of the property (provided a valid gift deed is executed registered and witnessed by at least two persons.)

In your case your brother is agitating the same at the time when you r after is alive so it is for sure that he will become a hurdle in getting the property via will.

Therefore, in my opinion you should go for Gift.

I’m attaching a relevant article for your convenient reading, kindly find the link below.

https://www.lawyersclubindia.com/articles/will-notes-15751.asp

I hope the above information is useful to you. In case of further queries, you can contact me via email at niharikalohan@yahoo.com

Yes, executing the Will or settlement deed is the best option. A Will (even if registered) has its limitations. It becomes effective only after the lifetme of the testator. Morevover, the testator can alter or cancel the Will at any time during his life time; it is the last Will that prevails. In the eventuality of the Will being contested (after the demise of the testator), it needs to proved on the strength of the evidence deposed by Witnesses. And remember, in our country, Witnesses could be influenced to tender false evidence against which, on proctical terms, the courts as well the procedure (and even truth) is helpless.

Hi

I am a lawyer with 27 years.

About Will I agree with others.

Gift deed is always better if all the siblings are in allignment with what the father is poposing to do, yes he can gift his self acquired propery to any of his legal heirs as per his wish, but there is a limitation period as per the limitation act ,where the other excluded legal heir can challenge the gift deed in the court of law.Hence inorder to avoid the future litigation better to get the entire property by way of sale deed by father to other sons.(this will attract stamp duty).but it will give full right on the property to the two sons who are getting this.

I have a similar legal client who is suffering due to the gift deed .The other sibling who didnt get the share has filed a civil suit against the sibling who acquired right of the property from their father  through a gift deed, after 28 years.It is very time consuming to get a conclusion from court of law.

False query. Deserves no reply.

Thank you.

Sir, It is my father's self aquired property got it as his share through partition from his brothers.

So your brother cannot ask him for a share.

Sir/Madam, I believe my father property is considered as self aquired property since he got the ancestor property through partition between his brothers.