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Can we claim share in property gifted to brother


02-Jan-2023 (In Property Law)

After death of my father my mother gifted the flat to my brother (we are two sisters and one brother). My brother died recently. Now my brother's wife and her son have shifted from banglore and taken over the property. We two daughters stay in Mumbai. They don't want our entry in the flat and want to sell the flat. Please advice as to how we can get our due share in the property owned by my late father. Thanks.

Answers (1)

Answer #1
931 votes
You did not mentioned whether the property is belong and self acquired by your mother or your father. If the property is belong to your mother as absolute then she can gift or sell to anybody during her life time and you can not claim. If the she gifted some portion of the property then you can claim your proportionate share by filing a Partition Suit.

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