Transfer of property from brother to me
9 months ago
My bachelor brother (Hindu) has a property purchased by him. In the deed there's a clause that after his death, I would be the sole owner of the property. My signature and thumb impression was taken in the deed during the registration.
Can my brother transfer the property to someone other than me without my knowledge or consent?
A.Dear Client,
From the query, it appears that your brother has executed a Will for bequeathing his self-acquired property to you. A will becomes effective after the death/expiry of the owner/testator. Your brother being the owner of the self-acquired property can transfer the said property to anybody as per his choice and without the consent of others by revoking his earlier Will which was made in your fabour. Hope the matter stands clarified.
From the query, it appears that your brother has executed a Will for bequeathing his self-acquired property to you. A will becomes effective after the death/expiry of the owner/testator. Your brother being the owner of the self-acquired property can transfer the said property to anybody as per his choice and without the consent of others by revoking his earlier Will which was made in your fabour. Hope the matter stands clarified.
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A.Dear Sir,
If there is no contribution from your side then he can do so. You may file a dummy suit for permanent injunction restraining him from executing any document in his lifetime transferring the property since it reverts back to you after his death as per the condition existing in the sale deed.
If there is no contribution from your side then he can do so. You may file a dummy suit for permanent injunction restraining him from executing any document in his lifetime transferring the property since it reverts back to you after his death as per the condition existing in the sale deed.
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A.Dear client,
In general, if you have been named as the sole owner of the property in a deed with a clause specifying that you will inherit the property after your brother's death, it indicates an intention to pass ownership to you.
Once a property is legally transferred to someone with specific ownership rights, such as yourself in this case, the original owner (your brother) may not be able to transfer the property to someone else without your knowledge or consent. exist.
To protect your interests and ensure that the property remains rightfully yours, you may want to consider the following steps:
Consult an attorney: Seek legal advice from a qualified attorney who specializes in real estate law. They can review the deed and provide guidance based on the specific laws and regulations of your jurisdiction.
Verify the validity of the deed: Confirm that the deed was executed correctly and is legally binding. Your attorney can help you determine if any additional steps need to be taken to ensure its validity.
Register the deed: If the deed has not already been registered, consider registering it with the appropriate land registry or government authority. Registration can help establish and protect your ownership rights.
Monitor the property: Stay informed about any activities or transactions related to the property. Regularly check property records or consult with professionals to ensure that no unauthorized transfers or encumbrances are being made.
In general, if you have been named as the sole owner of the property in a deed with a clause specifying that you will inherit the property after your brother's death, it indicates an intention to pass ownership to you.
Once a property is legally transferred to someone with specific ownership rights, such as yourself in this case, the original owner (your brother) may not be able to transfer the property to someone else without your knowledge or consent. exist.
To protect your interests and ensure that the property remains rightfully yours, you may want to consider the following steps:
Consult an attorney: Seek legal advice from a qualified attorney who specializes in real estate law. They can review the deed and provide guidance based on the specific laws and regulations of your jurisdiction.
Verify the validity of the deed: Confirm that the deed was executed correctly and is legally binding. Your attorney can help you determine if any additional steps need to be taken to ensure its validity.
Register the deed: If the deed has not already been registered, consider registering it with the appropriate land registry or government authority. Registration can help establish and protect your ownership rights.
Monitor the property: Stay informed about any activities or transactions related to the property. Regularly check property records or consult with professionals to ensure that no unauthorized transfers or encumbrances are being made.
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