Mother gifted property to brother. Can i ask for my share?
My mother who is no more seams to have gifted a property worth 2 cr today to my brother's on as wedding gift, 5 yeras ago. we are 3 brothers and 5 grand children. I was not informed of this till date by my broter or by my mother. farther is alive and property mother's name. My mom and dad stay with my brother in the property for over 20 years now Is this right, can we make any claim thanks sharmaed
Any self acquired property can be gifted to any person. However if it is an ancestral property (in case of Hindu) then the said property can not be gifted, you being one of the legal heir, entitled for a share in the ancestral property.
Advocate Nanchill RajkumarVelachery, Chennai
Have you seen the so called registered gift deed executed by your mother to your brother? Do you have a copy of it and confirms the gift deed?
Basically it is a property on the name of your mother, i.e., property belonging to married women will be their absolute property in which they have full rights to dispose the same in any manner and to anyone of their choice as per desire without taking anyone's consent including her husband or children. If this gift deed was executed by your mother in a normal status i.e., without any pressure and in a sound mental health, this can be considered as a valid document hence neither you nor anyone can claim any share in the property after the said execution in your brother's favor.
Advocate T KalaiselvanKosapet, Vellore
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