Property transfer
2 years ago
My father owing 4 acres land which he got it form his ancestral. My father has 2 sons & 1 daughter. Now he is planning to share that assest to sons name through gift deed. Now my doubt is can my father transfer 4 shares (i.e, father/mother/2 sons). Or he can divided that property into five shares separately & later he transfer that assest to sons. Because my dad want one part of share on my mother name too. If hisband agree to give assest Is mom eligible to get share?
Can daughter refuse mother share in father property?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.It seems it is partitioned and he got 4 acres.
So father can do whatever he wants to do with it.
So father can do whatever he wants to do with it.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Until and unless the property remains unpartitioned for last three generations,that property cannot be considered as ancestral.If the property is ancestral then no legal heir can be deprived from that property.
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A.Hi,
All the legal heirs, ie. mother, daughter and 2 sons have equal right in the father's ancestral property. If you want to give one legal heir's share to another, you will have to take a relinquishment deed/NOC from the legal heir.
If you like my answer, please rate me.
All the legal heirs, ie. mother, daughter and 2 sons have equal right in the father's ancestral property. If you want to give one legal heir's share to another, you will have to take a relinquishment deed/NOC from the legal heir.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
All the legal heirs of your father, ie. 2 sons, daughter and mother have equal right over the ancestral property of your father. One legal heir cannot refuse to another legal heir's share in the ancestral property. The property will be divided in 4 equal shares, for the 4 legal heirs, i.e mother, daughter and 2 sons.
If you like my answer, please rate me.
All the legal heirs of your father, ie. 2 sons, daughter and mother have equal right over the ancestral property of your father. One legal heir cannot refuse to another legal heir's share in the ancestral property. The property will be divided in 4 equal shares, for the 4 legal heirs, i.e mother, daughter and 2 sons.
If you like my answer, please rate me.
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Vaidehi Samant
Responded 2 years ago
A.If it is ancestral property than any kind of transaction in the property to any of the persons whether family or non-family will require NoC of all the alive persons of the family who by way of copercenary own share in that particular property whether sons, daughters or wife of that person irrespective of their Marital status and if no alienation of the property has been done prior to 20.12.2004. I hope this clears your query.
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If you found this advice helpful then please provide review and give *****. Thank you.
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