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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Property Rules: All children should serve their parents, they should take care of them. But nowadays it is seen in many families that children do not take care of their parents. Some people ignore the needs of the elderly by getting entangled in their own life and work. So some deliberately shout from the parents.

Due to which the parents fall alone. In such a situation, the question arises whether such children can be denied their property or they can be excluded from the property. If there is no correct information, the elderly lose their rights many times or get caught in a dispute with the children. Let us tell you what the law says about it.

What is the law to evict property?

If the children of a parent do not take care of them, do not treat them well. So can parents remove children from property in such a situation. Let us tell you that in Indian law, it is not easy to evict children from property only on the basis of their irresponsibility. According to the Hindu Succession Act, 1956, children are the real heirs of parents’ property.

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Whether or not it takes care or not. It is not easy to stop their share directly due to the child’s irresponsibility. But parents can manage their property through a will or trust and can reduce the controversy in future. But for this they will need legal advice. So that later the children do not have to go round due to the children.

What can be done for this?

If parents want that the irresponsibility of children should not affect their property. So there are many options. The easiest way is to make a will. In which it can be clearly written who will get how much share. If children do not have to give anything. So it can be mentioned in the will.

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Apart from this, the managing of the property can be done through the trust or law firm. Some people make service and responsibility a condition to get the share of children. So that only the responsible children take advantage of. This option is also legally correct. By taking such steps, the elderly can secure both their property and their rights over it.

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