Mother gave ancestral property to son without consent of other heirs

Question

Mother gave ancestral property to son without consent of other heirs

24-Jul-2023 (In Family Law)

My mother gave her ancestral property to my brother without anyones consent. We are 1.brother and 3 sisters. He registered the property in his name.. When we came to know about this later. He gave us our share as gift deed. Now can i sell my share of property without anyones signature.? Can i sell it if its a gift deed.? As my mother dont want me to sell that property.

Answers (3)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Family lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Subject: Request for Confidential Legal Consultation – Marital Issues, Emotional Distress, Divorce,

Husband too much dominating and controlling

Husband too much dominating and controlling

Asking for increase in regular monthly maintenance given by my Son

Claim rights of wife under divorce processing

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Advocate S Sreekumar LawRato · Accepted Answer · 2017-07-27T10:41:18+05:30

Answer #1

A gift, once it is completed is irrevocable but to constitute a valid gift there must be delivery of possession that means, you must have already effected mutation in your name. If you are paying tax and having custody of the land gifted to you, nobody can prevent you from disposing of the property to a person of your choice.

Helpful?

Adv. S Sreekumar Adv. S Sreekumar

Trivandrum / Thiruvananthapuram | 25+ Answers

Chat CONTACT NOW

Advocate Manoj George LawRato · Accepted Answer · 2017-07-27T15:42:11+05:30

Answer #2

Hai. eventhough u have stated it to be ancesttal property, if the property is in the sole name of ur mother with title and tax paid in her favour no1 had anything to do about it. She is the absolute owner and had the right to dispose the same at her disposal. But there is exceptio on certain hindu ancestral property subject to area. Other wise if the properrty gt interst from other too, the mere execution of the deed only confers her PERSONAL SHARE over the property an such SHARE OF HER in the property alone stands transfered. If such right this transfered to u. U have that accumilated SHARE OVER THE PROPERTY nothing more. U can sell UR ACCUMILATED SHARE OVER PROPERTY Still a bit confused ? Do contact a civil lawyer Hope am upto ur query

Helpful?

Adv. Manoj George Adv. Manoj George

Alappuzha | 100+ Answers

Chat CONTACT NOW

Advocate P Venu LawRato · Accepted Answer · 2017-08-05T21:08:40+05:30

Answer #3

First of all, the property may not be ancestral. As such, there was nothing irregular in giving it to your brother; so is the subsequent gift to you. Your title is absolute if all the transfers were through registered deed. You can sell the same. However, you need to respect your mother's sentiments as well.

Helpful?

Adv. P Venu Adv. P Venu

Vaikom | 5+ Answers

Chat CONTACT NOW