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Gift Deed of father self acquired property by mother


14-Nov-2023 (In Family Law)
We are a family of 6 kids (4 daughters-{1 has passed away} and 2 Sons). My Father had a property(with 2 floors) in bangalore and he passed away a long time ago, after which the property was transferred to my mother. 5 years back, the 2 sons got a gift deed executed in their names for their respective floors, without even informing/considering the daughters. We became aware of this activity couple of days back.Now, though my mother is still alive, since both the sons are having frequent conflicts, they are thinking of selling the property.Wrt the above history, I need advice on the following- 1. My father earned this property on his own and it is not ancestral. Do the girls have any share whatsoever in the property?2. Can such a gift deed be executed by my mother without our(daughters) consent/consideration . Is it Valid? Can the daughters still claim for their share in it.3.Now that the gift deed is done and they are trying to sell the property, Are our signatures required to sell
Answers (2)

Answer #1
849 votes
Bases on your query, subsequent to your father's demise, his self acquired property would be divided into 7 shares, one share for each of the children (a share would be allotted to your sister who is no-more), and one share to your mother. After your father's demise, the property (for the purpose of governmental records) was transferred into your mother's name, it however, does not affect your right over the same.

Your mother's act of gifting the property to your two brothers only means that she has gifted her share to your brothers, not the shares that 4 sisters are entitled to. If your brother's are selling the property, they will need the signatures of all the sisters, and the signatures of the legal heirs of your sister who is no more.

Answer #2
728 votes
As you told, the property is belonged to your father and after his death, wife and children will become the absolute owner of the property.

Please check, before the death of him is any right over the property is transferred to your mother by way of WILL/Gift or other any Deed.IF yes she will become the absolute owner of the said property

IF NOT

1. Yes all children will get equal share in the said property.

2. Mother cant to such gift without permission of the other family member and such deed will not stand because the property will become the Family property and all members of family equal rights and the said Deed itself is void.

3. The daughter can claim their share.

4. You can resist the Sale Proceeding by moving necessary petition before the competent court of law. But here you should prove the said property is stand in the name of all the members of family after since from date of your father death.

Please contact us or contact any advocate near to you.

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