quesCan father divide property in name of mother and son's?

Father is dividing properties between sons. He also want to divide it in name of mother. Can He do the same? Or is it necessary to keep that property in his name only and only after his death it will go to mother.

  • ansIf the property is self acquired property and not an Ancestral Property or HUF (Hindu Undivided Property)  then the father can do whatever he pleases with the property which includes giving it or a share of it to his wife. 

     

  • ansYes, your father can give the property to his wife as she is also a Legal heir. As per law if your father dies without a Will then the property will devolve amongst all his legal heir including your mother and sister.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansIf the property is self acquired property and not an Ancestral Property or HUF (Hindu Undivided Property) then the father can do whatever he pleases with the property which includes giving it or a share of it to his wife.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansyou father in his lifetime can do whatever he wants to if the property is not ancestral,meaning if the property was owned by your grandfather,if you fahter has purchased it with his own income he can during his lifetime divide the shares as per his wish.The mode of dividing would be gift deed to each son and wife defining the percentage of share.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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Advocate Jaspreet Singh Rai

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 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


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