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Mother gifted property now can brother challenge in court
23-Aug-2023 (In Family Law)
my mother gifted me a property.i want to sell the property. or can i keep the property ?the property was brought with the money of my father but after he was expired.but there was no proof that was brought with my fathers money.can my brother now challenge this in the court for his share? what are the possibilities available to my brother?what will the court do to me and my mother if he challenges in the court?
HI
A property in the name of a woman is her absolute property in accordance to Section 14 of Hindu succession act.
It is immaterial that your father had pumped in money on the property.
As long as the property is in the name of the mother it is her absolute property and she can do whatsoever with the property. She can execute a registered gift deed/ will /sale deed to any person on earth(it need not be a family member also).
Now coming to the gift deed executed by your mother in your favour. Hope it is a registered gift deed.
Once the gift deed has been accepted and you have affixed your signature on the gift deed, that means the Gift has been accepted by you.
You can sell/gift/mortgage or do anything with the property.
Even if your brother goes to court, he will lose the case as your mother has executed a Valid gift deed in your favour, purely out of her love and affection to you and that too with a free will and consent.
so no worries.
A property in the name of a woman is her absolute property in accordance to Section 14 of Hindu succession act.
It is immaterial that your father had pumped in money on the property.
As long as the property is in the name of the mother it is her absolute property and she can do whatsoever with the property. She can execute a registered gift deed/ will /sale deed to any person on earth(it need not be a family member also).
Now coming to the gift deed executed by your mother in your favour. Hope it is a registered gift deed.
Once the gift deed has been accepted and you have affixed your signature on the gift deed, that means the Gift has been accepted by you.
You can sell/gift/mortgage or do anything with the property.
Even if your brother goes to court, he will lose the case as your mother has executed a Valid gift deed in your favour, purely out of her love and affection to you and that too with a free will and consent.
so no worries.
Helpful?
32+
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear sir/madam
The property is your mothers proprty and property is registered in her name as a owner she have all the rights to gift away the property to particular person no other person can challenge her decision of gift.
Condition: there is difference regarding gift in personal laws
The property is your mothers proprty and property is registered in her name as a owner she have all the rights to gift away the property to particular person no other person can challenge her decision of gift.
Condition: there is difference regarding gift in personal laws
Helpful?
40+
40+
Adv. Syed Razzaq Ahmed
Hyderabad | 25+ Answers
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