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Claim over the property given through gift deed
25-Oct-2023 (In Property Law)
After my father expired we want to make a gift deed where my two sister are agreed to sign as doner for the house jointly with me (only son) and my mother. My question is after expiry of mother can my sister again eligible for claim on the property for my mother's part ? To prevent this shall we put any clause in the gift deed ? what will happened if I expire before my mother. By caste we are Hindu. How the property will be clearly in my heirs' name after my or my mothers death?
Sir
As you are Hindu and governed by its personal laws. After th death of your father the property was jointly and equally holding by you, your mother and your two sisters. As the sisters want to gift their share to you you will have 3/4th share. 1/4 th part will still be in your mother's share. Your sister in the present (said) gift deed cannot make any condition as the share is in your mother's hand.To become the absolute owner your mother have to gift her share to you also.
After your mother's death the her share (1/4 of the total) will be divided into 1/3rd each. Again your sister's have to gift their share to you or your heir.
Thanks
As you are Hindu and governed by its personal laws. After th death of your father the property was jointly and equally holding by you, your mother and your two sisters. As the sisters want to gift their share to you you will have 3/4th share. 1/4 th part will still be in your mother's share. Your sister in the present (said) gift deed cannot make any condition as the share is in your mother's hand.To become the absolute owner your mother have to gift her share to you also.
After your mother's death the her share (1/4 of the total) will be divided into 1/3rd each. Again your sister's have to gift their share to you or your heir.
Thanks
Helpful?
12+
12+
Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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Please clarify Ur question.You ,Ur mother and two sisters r making a gift deed to whom.please clarify and send it once again.
Are all three of you gifting Ur mother or what..as far as I could understand
Are all three of you gifting Ur mother or what..as far as I could understand
Helpful?
15+
15+
Adv. M W Zaman
Kolkata | 25+ Answers
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