Can 1 brother stop other brother from gifting his property to me?


My elder brother and father are wanting to gift a flat to me which in the name of both of them. My youngest brother is staying in the same flat and he is not agreeing to it.

Can brother legally do anything and stop them from gifting it to me. How to make a gift deed? Please note that the property is not ancestral.

Answer

As the said that the property has joint ownership,

Both, your father and your elder brother should execute a gift deed in your favor.

As you also stated that the said property is not ancestral, then your youngest brother has no right in it and he cannot stop them.

For making a gift deed,

It should be properly stamped and registered. And there is a mandate of needing 2 witnesses and the witnesses should preferably not be the family members.

 


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