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Can father gift his property to one son only


28-Sep-2023 (In Family Law)
We were two brother and my elder brother was married ,and he have a son .he died now. my father is alive and he is owner of a house, he does not want to give any part to my brother wife and I want to asking you does my brother wife and son have right to my father property,
Answers (4)

Answer #1
544 votes
Not your brother's wife, but his son surely has a right and can claim anytime the share in this particular property (House) but only after the lifetime of your father. Therefore, to safeguard the claim, you should ask your father to transfer the entire property to you through a registered Will. This should be sufficient to defend any stake claimed by your brother's son or his wife in future.

Answer #2
603 votes
Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will. The sale Deed and gift Deed must be registered with the concerned authorities whereas a WILL may be either registered or unregistered.
Answer #3
786 votes
No he can not do like that . Both of you I mean you and your brother have same right. On the property of your father..and after the death of your brother his wife and children have same right on the property .
Answer #4
859 votes
If it's not an ancestral property and earned by built by your father only then succession is decided as per yours father wish .But you had not made clear whether your brother was employed and self sufficient before his death or not ,if answer is in negation then case would be different because as per amended law situatiuation will be different .

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