Suggest best way to get property with our much legal risk

728 votes

To transfer the ancestral property (already partitioned) to your name, your father can execute a registered gift deed in your favor for his share, with the consent of all legal heirs if needed to avoid disputes. For the self-acquired house, since he wishes to pass it through a WILL, ensure the WILL is properly written, signed, and ideally registered for better legal standing. After his lifetime, probate may be required depending on the state. This two-step approach—gift deed for ancestral property and WILL for self-acquired—will ensure legal clarity and smooth transfer.

Advocate Mrudhula Jahnavi LawRato

755 votes

Since there are two types of properties involved here (ancestral and self-acquired), the legal process will differ a bit for both. For the ancestral farmland: If there’s already a registered partition deed between your father and his brothers, then your father now owns his share as a separate co-parcener. Since this is ancestral property, technically, you and your sister also have a coparcenary right in that portion under Hindu Succession Act, especially after the 2005 amendment. So, your father cannot transfer ancestral property just like that without your sister’s no-objection or consent. The best and legally clean way would be: First, get your sister’s NOC (No Objection Certificate) stating she has no claim or objection in the transfer. Then, your father can execute a registered gift deed in your name for his share of the ancestral land. Make sure to register the gift deed at the sub-registrar office and pay applicable stamp duty. For the house (self-acquired): Since your father bought the house from his own earnings, he can transfer it to you in two ways: By Will: He can execute a clear, registered Will stating that the house should go to you after his lifetime. This doesn't need stamp duty. Or, if he wants to do it during his lifetime, he can gift it to you through a gift deed, which again has to be registered. Since you've already received some amount from the sale of another flat, that doesn't really affect your legal right unless your sister raises a claim in the future, so it's best to keep transparency with all family members. Lastly, please make sure all documents are legally drafted, registered, and backed by proper witness and identity proofs to avoid any disputes later.

Advocate Abdul Kaleem LawRato