Mother giving entire property to one son, how to claim my share

655 votes

From the recitals it appears that the property she got is by way of gift. Not as an ancestral property. Therefore she can deal with the property as she wish. There is no legal bar to sell the whole or part to only son or even to strangers.

Advocate Nelson Joseph LawRato

640 votes

We have to go through the deed first and we have to analyse the nature of right. If the mother has got absolute right in the said deed there is no legal bar in doing the conveyances as per her will and wish.

Advocate Girish K. Raj LawRato

660 votes

Hi,
In this case, if the gift is executed by your grandfather "unconditionally" to your mother and if it is accepted your mother, your mother becomes the absolute title owner of that property. Thus she is at liberty to give as gift or sell it to anybody, unless there are some conditions in the above gift otherwise. In other words, if there is some charge or condition stipulated in that gift deed, there is a scope in your favour. For that, the gift deed is to be perused in detail.

Regards.

Advocate Sheejish P T LawRato