Property partition-related issues and solutions. Property-related complaints are a common problem in most homes. Disputes often arise over the name of a given property. But it is doubtful whether the property donated can be canceled. Here is the detailed introduction about property partition.
what are the important things regarding a property partition?
The father can sell the property without the permission of his children and other family members. Hindu property law deals only with inherited property. None of the other laws say anything about it.
In a family, it is not obligatory for the father to give the inherited property to his children. It can be given as a gift to anyone. If the father dies without writing a will, the property is inherited by the children and the wife.
According to Hindu inheritance, the property passed down from three or four generations is equally owned by all members of that family. Therefore children, names,s, and grandchildren are all heirs to the property.
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The father set aside part of the property for his children and nieces. Not only that, anyone who depends on them has the right to give property. They can be donated morally or religiously.
If the will is signed by persons with memory problems in any way, it is not legally possible. This is because it is imperative that the signatory has an accurate memory. Even if you sign and buy in this way, the stamp will be revoked if you later say that any of the rest is not like that. The documents and testimonials of the person registering are of great value.
Anything on one basis can be signed by more witnesses. The person who is going to sell the property will be questioned by the Sub-Registrar Officer. Once the mother writes to her son, the property can be returned as a gift.
There is a difference between gift and settlement. There is no mention of reward in the respective gift. There is no cash reward for giving a gift instead it is considered a trust or something else. Transfer the property completely free of charge.
There is a difference in the base price between the gift and the settlement. If the donation is made to a person who is not a member of the family, a stamp duty of 8% of the sealed value of the property must be paid.
If a property is donated to someone, it cannot be unilaterally canceled. Cancellation can only be done if the person who wrote it and the person who bought it go together.
A gift is only legally accepted if it is received by the recipient. That is, the donated land should be registered and transported. Otherwise, it would not be possible.
The property given by the father to the son as a gift can be given to the son by the wife as a gift. There is no legal impediment to this. But it is possible only if the will is registered.
There are no legal issues with selling or giving away a mortgaged property. It only remains to be seen whether the person who owns in it. If the place buying has any kind of foreclosure issues it should definitely inform the buyer.
Definitely be aware of these things in relation to property issues. For more watch the video. It will help for your future also.