transfer of property in name of Husband. but need some clarification
My sister has bought some land in her name in Bihar. But My Sister's husband is forcing her to transfer that land ownership in his name. We have reached in a situation where we have no other option but to transfer property in his name . But we want to make sure that 1. he should not be able to sell that property. 2. Should not be able to gift that property to anyone else. 3. After his death property should transfer to my sister and their kid not any other kid in case he marry other lady. We are Muslim. Is there legal way by which we can transfer the property where we can met above condition
In a such a situation where you are forced to make the transfer, it is best to opt for a Conditional Transfer of Property, imposing all the above conditions of transfer you have requested.
The transfer of the property may be done best by way of a Conditional Gift, which if not fulfilled or complied with by the Donee then the property will revert back to the Donor, i.e., your sister eventually.
Being from the Muslim community it is best to opt for this kind of transfer, rather than an absolute Gift in his favour where you will not be able to impose such conditions therein.
Advocate Kiran N MurthyIndiranagar, Bangalore
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