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Home/ Legal/Documentation/Can father give property to one son.
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Anonymous5 Answers 12917 views Documentation3 years2021-04-07T18:57:43+05:302021-04-07T18:57:43+05:30
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Ahrihant Jain
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2021-04-07T19:03:58+05:30 April 7, 2021 at 7:03 pm
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Investing in properties for the future security of their children is an Indian legacy. But the distribution of property matters becomes an issue in families several times. One of the common distribution of property-related questions is can father give property to one son. In some situation father can gift or make a will to his one son, read further to know more:
In case of ancestral property
- In the case of ancestral property, the father has no right to give the share to only one son.
- This can only be done if a person claims in court that he has only one biological son and to whom he will pass the share of ancestral property.
In case of Father’s self-acquired property
- During the lifetime of father, a son can not claim for share on the father’s self-acquired property.
- The share will be distributed after the death of the father according to the will.
- A person can make the will of his property in favor of his one son out of 2 or more.
- Father can gift his self acquired property to one son, if another son has given his monetary share to the property then he can claim his rights in court.
Hope you have got the idea about the distribution of the property and answer your question. can father give property to one son? Under the Hindu law, yes apart from ancestral property. Rest in Muslim and Christian laws, a father can gift his property in the name of one son or if a person wishes to dispose off the property in charity he can do that too.
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Arun
2023-02-12T13:32:07+05:30 February 12, 2023 at 1:32 pm
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Hey, I have always been interested in law. I found some information that may be helpful to you.Under muslim property law, a father has the right to gift his ancestral property to one of his sons. This right is established by the provisions of the Muslim Personal Law (Shariat) Application Act, 1937 and the Indian Succession Act, 1925.
Seek NoBroker’s legal expert’s advice regarding your right over property.Draft your sale agreement from the experts at NoBroker here.Can father gift ancestral property to one son?
To answer your question (can a father give his property to one son). Yes, a father can give ancestral property to one son.The process for gifting ancestral property involves executing a deed of gift, which transfers ownership of the property from the father to the son. The deed must comply with the formalities prescribed by the Indian Registration Act, 1908, including being signed by the father and attested by two witnesses. The deed must then be registered with the appropriate authorities under the provisions of the Indian Registration Act.
Now that you know, can a father give his property to one son. You should know the restrictions under muslim law for property. The gift/transfer of land must not be made with the intention of fraud or avoiding repayment of debts. The gift should not be in violation of any pre-existing obligations, (prior gift or trust)
While reading about can father give property to one son in India, you should know that the gift must be made during the father’s lifetime and he must be of sound mind and capable of making the decision.
If the father has not specified which son he wishes to transfer the ownership to. Then, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs.This is all from my end on muslim property law.
Read more:
How ancestral property is divided
What is time limit to claim ancestral property?
What is Partition deed?
What’s the supreme court order on daughters right on father’s property?
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Puja12
2024-01-02T12:49:40+05:30 January 2, 2024 at 12:49 pm
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Wondering can a father give all his property to one child in India. Yes, a father can give property to one specific son. However, there are some nuances in the laws that should be considered:
Under Hindu law, a father has the right to dispose of his self-acquired property through a will or gift during his lifetime.
The situation is more complex if the property is part of a Hindu Undivided Family (HUF). The father’s power to dispose of such property is limited.
If the property is ancestral or part of the HUF, there are principles of equal distribution among all legal heirs.
Under Muslim law, inheritance is primarily governed by Sharia.
It dictates that a Muslim can distribute up to one-third of their property through a will. The remaining two-thirds of the property is subject to strict rules of inheritance.
Even if a father wishes to give a particular property to one son, the consent of other legal heirs is required to avoid potential disputes.
Your doubt should have been clear: can parents give property to one child.
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