How to get Fathers property?

My father has 2 daughters and 1 son and we are from TamilNadu.

My father has some property which he got from his mother. He would like to give 1/3rd of the property to me and 2/3 to my brother.
How can he do this? Can he give this as a gift to me and my brother? Do we need to get agreement letter from my sister before registration? Whether my sister needs to be there when this registration is happening at Register Office?

4 Replies to “How to get Fathers property?”

  1. He needs to make a will and have all that detailed in the will. If he is giving the property to you now it is a matter of paperwork. The sister has no say as long as he is alive.

    So why is the sister being left out? Kinda crappy?

  2. The property is not a self acquired property of your father and therefore, he cannot act on it at his own will and pleasure. He cannot give it a away by way of gift to anybody including sons and daughters. There can be a family arrangement with the concurrence of all persons having legal rights and it can be documented and registered.

    A. Rajagopalan

  3. best thing is ask him to give a will and in which he has to state the exact property/properties or share to whom and how much that is enough
    here how he acquired the property is a must if he earned his own property he can give to anybody he likes but if he inherited his property then all his legal heirs will have equal rights in his property
    if the heirs mutually accept more/less shares then their concent is a must so if one of your sister is not given any share and she is willing to that effect without any compulsion or threatening then she has to give her concern in any document better keep her a party to the registeration of the document

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