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Gifting of property by mother to son
18-Jan-2023 (In Property Law)
the property is in the name of father and mother and purchased by them. They have three sons and one married daughter. The elder son (Z) is abroad. Parents had written a will duly registered separately in the name of two sons residing with them. The elder brother (Z) did not have any objection. Father expired in 2019 and 50% share transferred to two brothers (X and Y) (25% each). Now the sons would like to transfer the above property in the name of one (X) by purchase of 25% from one brother (Y) by X and transfer of 50% mother share by way of gift deed by mother to one of them(X) so that X would by the owner. Is it legally correct so that in future no one can raise any claim?
Gift deed or Will can only be propounded by the person who holds the title documents of the property in his or her favor. However the same can only be challenged by the other prospective heirs on the basis that the same is not drawn in full and sound mind capacity of the propounder. Otherwise both are legally valid documents. For any further legal assistance please feel free to contact
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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Hi there are two types of property act system and and property earned property under earned so you can transfer only Ye the property if you are the absolute owner of that property and as far as a sister property is concerned you can share only your legitimate share as per the succession act Hindu succession act for more details you can contact our office thank you
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Adv. Dev Yati
Delhi | 200+ Answers
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Gift deed is a valid document and if the mother wants to transfer her share in the said property to her son during her lifetime then the same can be done through a registered gift deed. The said gift deed can only be challenged by the other prospective legal heirs of your mother on the grounds that the said deed was not produced in a sound mind by the mother.
Please feel free to contact for any further legal assistance.
Please feel free to contact for any further legal assistance.
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Adv. Jia Kapur
Delhi | 200+ Answers
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