Question
The father will take some money from his two sons, but the sons want the father’s land to be distributed to them, as they have already taken money. The parents agreed to keep some portion for themselves (this portion to be shared between the two sons after their death), and divide the remaining portion between the two sons. However, the father only wants to write 500 rupees on a stamp paper, but not complete the transfer (in the form of a deed or registry), because the father fears that one son may sell the land and go elsewhere. The sons want a way so that the father cannot sell it (or take it back after giving it away). Is there any way where the father will not give full registry, but cannot take back or sell the land given to the sons? (Orthodox)
Answer
Yes, there is a legal way to transfer land without the father fully completing the registry, but still ensuring that he cannot take it back or sell it later.
One option is for the father to execute a “gift deed” (or “conditional transfer”) under Section 122 of the Transfer of Property Act, 1882, which allows the father to transfer land to the sons with specific conditions attached. This deed should be registered, but it does not necessarily need to be a full sale deed. The gift deed can include clauses that make it clear that the father will not be able to sell or take back the land after the transfer.
For example, the deed can include conditions like:
- The father cannot sell the land without the sons’ consent.
- The father retains the right to live on the land during his lifetime but cannot alter the ownership or use of the property.
This deed should be carefully drafted to prevent the father from reversing the transfer, and it must be legally enforceable. A registered gift deed would also allow the sons to have clear legal ownership, while securing the father’s rights as long as he is alive.
Additionally, the father can execute a “Will” stating that after his death, the land will be divided between his two sons as per his wishes, and this can be done without giving the full registry or deed during his lifetime.