after gift deed by my mother but property was of my father

695 votes

Hi, Assuming that the property is self acquired by your father and he has died intestate, then all the surviving legal heirs shall have equal rights over your fathers property. Though your mother would have got the Katha Transferred in her name for the purpose of Tax Payment and that would not entitle her the right on the property alone and she will not have any rights to transfer the property of your father apart from her share to anyone. You may contact an advocate to study your case in detail and seek advise before you proceed with the construction. Let me know for any further assistance.

Advocate Rajesh Kumar K LawRato

933 votes

MY FATHER EXPIRED 20 YRS BACK AND ALL THE PROPERTY KHATA WAS TRANSFERRED TO MY MOM NAME AND SHE MADE US THE GIFT DEED,FOR 02 SISTERS AND TWO BRT'S AND NE BRT GOT LEFT OVER AND HIS PROPERTY ALSO IS PENDING WITH OUT ANY REGISTRATION. IF I CONSTRUCT A NEW HOME IN MY DAD'S PROPERTY AFTER HAVING MY GIFT DEED CAN HE STOP THE CONSTRUCTION.
It all depends upon right of succession The validity of your gift Fathere property belongs to all his sons and daughters and wife equally Merely because of khatha ur mom will not become owner hence validity of her gift deed is doubtful

Advocate Prof V Narayana Swamy LawRato