Indian Law/property


QUESTION: dear sir,we have the property which is purchased by my father only and not by my grandfather. as my brother is not trustworthy and responsible towards his son, wife and his mother, my mother wants to deposit some property in her grandsons name and some in the name of her daughter in law.
my question is whether the consent or signatures of brother required for transferring the fathers property into mothers name because after the property is transferred in her name she wants to sell it for the purpose of shelter for herself,her grandson and daughter in law whereas my brother wants it into his name so that after selling he can have the cash or cheque in his name for clearing his expenditures.
can she sell fathers property after transferring in her name ?

ANSWER: Only the true -owner has the right to transfer his interest in the property and nobody else.
In view of the above, in the instant case,only your father can transfer this property to any other person through Gift/WILL/Sale-Deed etc. and nobody else.For the said purpose ,he is not required to obtain the consent of anybody else.He has absolute right to do so.Technically, it is called right -in-rem.Your grand-mother has no right to transfer any portion of this property to her grand-daughter or anybody else.After the death of your father, if he dies intestate,then the said property will devolve equally to his class-I heirs comprising his wife, children,grand-children etc. and in the absence of the same ,to his class-II heirs comprising his father/brothers etc.
Once the property is transferred legally through a registered Conveyance-Deed,the transferee will have full right to deal with the property in such manner ,as he may deem fit and necessary.

[an error occurred while processing this directive]---------- FOLLOW-UP ----------

QUESTION: dear sir, i think there is some kind of confusion regarding the understanding of questions nature.The real thing is that my father is not alive.he passed away ten(10) years ago. my mother waited for my brother to become a good human being since my fathers death  but as he is not,        my mother wants that his wife and son shall not come on the street due to my brothers behavior so now she wants to take the charge  and that is why she wants to sell some part of the property for the well being of family to which my brother is not cooperating. that is why i asked u that without the consent of my brother can she transfer the fathers property into her name for the selling purpose ?; as my father is not alive. we heard that after the fathers death all the property automatically goes to wife's name, she alone is the owner after fathers death and she only can decide whether who gets what?
further more our property is neither purchased by my father's father (grand father )nor it is inherited from him. My father only created the whole property, so according to us my brother can not object over the transfer of said property to my mother.

You have stated that the property was purchased by your father.So he is to be treated as the true-owner of the property.After his death , if he died intestate,then the said property would devolve equally to his class-I heirs comprising his wife, children,grand-children etc. and in the absence of the same ,to his class-II heirs comprising his father/brothers etc.Once the property is transferred legally through a registered Conveyance-Deed,the transferee will have full right to deal with the property in such manner ,as he may deem fit and necessary.
In view of the above, in case , your father has transferred his property to your mother through a WILL,then she will become the subsequent true -owner of the property.However, if no WILL was made,then your mother and brother would become the the owner of the property in equal proportion,subject to issue of a Succession Certificate by the court.
After the said transfer,your mother could  transfer her share of the property to her daughter- in- law and grand-son and for that no consent of your brother is necessary.
If the family members desire to execute a "Family Settlement Deed" ,then consent of your brother would also be necessary.
Please take appropriate actions on the matter in consultation with a property lawyer.  

Indian Law

All Answers

Answers by Expert:

Ask Experts


Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

©2017 All rights reserved.

[an error occurred while processing this directive]