Brother asking share in mother's property where mother is still alive
11-Jan-2023 (In Property Law)
Hello, Thanks in advance for considering the query. My mother has an house property in her name which was purchased 15 years ago by my father in my mother's name. Now we are 2 brother. My elder brother is living separately from 2 years. Now he wants to claim his share in property. My question is 1) If my mother transfer the property in my name by registered gift deed, will my brother be able to make any valid claim on property in future. 2) Till my mother is alive, can he make any lawful claim of his share in property from my mother. (if property not tfd in my name) Thanks for your precious consideration.
Ans. 1 - In case of gift deed in your name, you will become owner of the property. Your brother can file the case with frivolous grounds & chances of winning will be very less.
Ans. 2 - Til your mother is alive neither you nor your brother can make claim on her property.
Ans. 2 - Til your mother is alive neither you nor your brother can make claim on her property.
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You can get a gift deed and will made of your mother transferring the said property to you. Thereafter it will be difficult for him to claim but he can file a suit for cancellation of the same if he wishes to contest. But your property will be secured by way of gift and will
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Yes he can object to the gift deed.
Since this property is in your mother's name she has the right to transfer the property as per her own wish. She may do so by means of any mode of transfer of property.
Since this property is in your mother's name she has the right to transfer the property as per her own wish. She may do so by means of any mode of transfer of property.
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