Can my father transfer property to my brother without my consent

622 votes

Your father can make a Conditional Gift deed where the son and his wife shall take care of him for his lifetime and allow him to stay in the said property. In case of your share you can file a civil suit, but its not advisable due to long procedure, better all the family agrees to some mutual point.

LawRato LawRato

975 votes

You have not clarified the nature of the house property in your father's hands. Whether self-acquired or ancestral ?

I ASSUME that the property which is subject matter of your query, is the SELF ACQUIRED PROPERTY of your father, and thus answer your question.

A person who is owner of a SELF-ACQUIRED PROPERTY (means property obtained / purchased out of his own earnings) has a right to dispose it of in the way he likes. He is free in that regard, and not bound by anybody's else's desires / obstructions. He can sell it, gift it, donate it or dispose it off in any legal way he wants, to any body. He may choose NOT to give it to his children / or to any one of them. Law permits him to do so.

Your right on father's self-acquired property as his daughter will come into effect only on his demise / death. Not during his life. So while he is alive, you cannot restrict your father from giving it to your brother.

The possible solution here is to convince your father in your favor, so that he does not exclude you from the property.

In case of ANCESTRAL PROPERTY in your father's hands, you may have some say. There daughters are having rights even during lifetime of father.

Advocate Nahush Surendrakumar Khubalkar LawRato

710 votes

Hello, I have been through your query and Yes you can claim the propertyif its is your fathers property! Tell your father to make a will in the name of both the legal heirs so that your brother won't claim the property alone!

Advocate Darshan Subhash Oswal LawRato