Fastest way to transfer ancestral property to sons and consequences

Question

Fastest way to transfer ancestral property to sons and consequences

16-Jan-2023 (In Civil Law)

Sir, My father is 65 years old and he had got gift deed about 20 years ago from my grandfather. After died my grandfather my uncle forced to my father that the this land is mine, after that my father filed a title suit and we won then he filed First Appeal to upper court and again we won, he filed again Second Appeal to HC and it is pending. we are two brothers and six sisters (all married), My father want to transfer all land property to their son's only (me and my brother) due to we have not good relation with our sisters. We are Muslim. What is best way/deed to transfer all property to Son's only ? and will it create negative effect on my Civil trial ?

Answers (3)

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Advocate Tanweer Arshad LawRato · Accepted Answer · 2018-01-18T11:00:34+05:30

Answer #1

The speedy remedy available for your father's property before Law is Registration of Property in Registrar office or Will. But there is limitation in Wills that ur father cannot transfer more than 1/3 share of the property. But being Muslim as far as concerned with the share of your sisters you are trying to neglect Shariat which is a big sin before Allah.

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Advocate Abu Bakar LawRato · Accepted Answer · 2018-01-18T22:41:23+05:30

Answer #2

Muslim law is different from Hindu law where a child become the sharer of HuF just by reason of getting birth in the family . But in Muslim law individual has full right over the property he inherited. He can dispose of same in any manner he want within the the limits prescribed by law.

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Advocate Ravi Bhushan Prasad Sinha LawRato · Accepted Answer · 2018-01-21T22:16:32+05:30

Answer #3

If stay has not been granted in the proceedings at High Court, there will not be any issues in transferring the assets. Apart from that, the best and most undisputed way of transfer of ownership is through sale deed. For more elaborate and proper opinion, I need to look into the relevant documents. You may further contact me for any support.

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