By Admin 
Property Sharing Rules: Team India’s veteran batsman Virat Kohli has left for Australia from India to play the ODI series against Australia. Virat Kohli had shifted to London with his family last year and this time he reached Delhi from London before going to Australia. In Delhi, he first visited his Gurgaon home and then reached Tehsil where he transferred his Gurgaon property to his elder brother Vikas Kohli.
He did this through General Power of Attorney (GPA). That means, legally, his brother now has the right to manage the property. In such a situation, the question now arises whether a person can transfer his property to his brother and whether his children can object to such a decision. Let us tell you what the law says about this.
Can property be transferred to brother’s name?
According to the law, if a property is completely in the name of a person and it is his self-acquired property. So he has full right to transfer it to anyone. Whether the property is to be given to one’s brother, friend, institution or any trust, the consent of children or other relatives is not necessary. Through General Power of Attorney (GPA), a person can give authority to someone to manage his property.
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But this does not mean that the ownership rights are transferred immediately. The GPA holder can only perform legal administrative or maintenance work related to the property. Unless the owner transfers the ownership through registry or gift deed. Till then the real owner remains the same.
Can children or family protest?
If the property is self-acquired then children or family members cannot raise any legal objection to its transfer. They can protest only when the property is ancestral i.e. shared property of the family. All legal heirs have equal rights in the ancestral property and no member can transfer it to anyone else without their consent. Whereas if the property has been purchased from the person’s own earnings.
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So he can donate or transfer it as per his wish. That is, like Virat Kohli, if a brother names his personal property in his brother’s name. So children or family cannot make any claim on it. Yes if the GPA is converted into a gift deed or sale deed in future. So it will be necessary to make it legally valid so that there is no scope for dispute.
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