Since property inherited through Will is considered to be a self acquired property, your signature is a empty formality and you do not have any share in the property.
As my father and his brothers got my grandfather property through WILL 1994 and they are going for a joint venture with a developer and asking for my consent signature. Do I have the rights or is this just a consent signature. As I am a daughter. Do I have any rights as my father got property through WILL.
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Since property inherited through Will is considered to be a self acquired property, your signature is a empty formality and you do not have any share in the property.
If my father wants to give 1/3rd share in his share of this Joint Venture how can he mention in the JV document
1. If your grandfather's property was ancestral property and not a self acquired property, then you will have right in the property, as one of the legal heirs.
2. In case, if your grandfather's property was his self acquired property and had executed WILL in favour of his sons, then you will not have any right over the property, during your father's lifetime.
3. There's are two ways for your father to give 1/3rd share (out of his share), one is to execute a Gift Deed in your favour or let your father execute a WILL, indicating you as beneficiary.
Legally speaking you don't have any rights in this property which was acquired by your father along with his siblings through a Will bequeathing the same by their father.
However there's no problem in signing the agreement as an attesting witness instead of consenting witness.
This joint venture is for development purpose alone between the landowners and the developer and all the agreements and conditions are binding between them alone.
If wants to give his one third share to you then he can do by executing a registered settlement deed subsequently.
As my father has joint katha with his brothers, so can he execute notrized par
As my has joint katha with his brothers, so can he execute notarized partition deed to give 1/3rd share to my brother and 1/3rd share to me. So that we can execute same in Mou and JV Agreement with Developer as 1/3 to my father and 1/3 to my brother and 1/3 to me.
Notarised partition deed will have no legal validity. Only registered document will have legal validity.
Let your father get the share of property through this joint development agreement allotted to him.
After that he can transfer his share of property in the proportion as decided to his children.
He cannot transfer one third share to his children at this stage of JDA..
Remember that any transaction pertaining to immovable property is concerned it should be done by a registered document alone.
Partition deed has to be duly stamped and registered
notarised partition deed would not suffice as it does not confer any title to property
Execute a jv describing shares of each sharers, that is 1/3 each and get the jv agreement registered, that will be legal document.
1. Property inherited through a bequest becomes separate property of the individual which is at par with self acquired property. Hence, your signature is not mandatory as you have no right, title or interest in the property during your father's lifetime.
2. Get the JV drafted by a lawyer. It is very difficult to explain here how to mention what in the agreement.
Partition Deed can also be executed but it will have to be registered unless it is a Memorandum of Family Arrangement.
- Since, your father has got that property by way of a Will , then during his life time you have no right over the property and your consent is not needed.
- However, he can transfer any portion of the said property in your name legally
- Your father can apply for mutation of his share in the property in his name
- Further, after getting transferred the property in his name only he can transfer to you .
Since your father inherited the property through a WILL (1994), it is his self-acquired property. You do not have an automatic legal right, but he can voluntarily give you a share.
It is just a precautionary measure, not a legal requirement.
Signing does not mean you waive future claims unless a release deed is executed.
Partition Deed (Registered, Not Notarized) – Divides his share into 1/3rd each for you, your brother, and him.
MoU & JV Agreement – You sign as a direct stakeholder.
Gift Deed (Optional) – He can transfer 1/3rd share via a registered gift deed.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.