Can a mother gift a property to her child

My father bought a land registered in his and mother's name. Built a house. Last year he expired. Can my mother gift to any one of us directly the ownership. Is the consent of other children is required for it.

Answers (3)

160 votes

If the property was registered jointly with your father’s and mother’s name then after the death of your father his share equally distributed among his legal heirs. So the whole property could not sell or gifted by your mother. She can only gift her share and not her husbands share . If the property is registered in any of the siblings then others must be a party in that registered deed

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51 votes

It appears that you have not posted the complete facts and suggests deeper issues. Anyhow, there is nothing that prevents the mother dealing with her property or the share in the property in whichever or whatever way at her discretion.

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131 votes

Mother can gift her undivided rights to anyone of her choice. Her undivided rights mean her undivided right as per title deed (since the property was purchased in her name and in the name of her husband) and inherited right being the widow of her deceased husband. Your father's undivided right will be inherited by his wife and children and by his mother if mother was alive at the time of his death. (the details of inheritance is stated on the assumption that your father and mother are Hindus). In other cases, there will be slight variation as far as the inheritance is concerned and the right to gift undivided rights remains to be the same.

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