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Gifting share to one son in bunglow
17-Jun-2026 (In Property Law)
My father expired 3 months back without any will. Till now the bunglow is on father's name. Legal heirs are my mother my elder brother and myself we 3. So after mutation my mother wants her share in bunglow to transfer it to me .and not my elder brother.so is it possible . As it is bunglow and we can do any partition in it but still my mother wants her share to gift me is it possible
If the bungalow stood in your late father’s sole name and he died intestate (without a Will), the property would ordinarily devolve upon all Class-I legal heirs in equal shares. Before any transfer, partition, gift or release of shares is undertaken, it is advisable to obtain the necessary legal heirship documentation, such as a Legal Heir Certificate/Heirship Certificate or other succession documents as may be required by the concerned authority.
If your mother inherits a share in the property, she is generally entitled to transfer, gift or release only her own lawful share. She cannot unilaterally transfer the shares belonging to other legal heirs without their consent. A family settlement, partition deed, release deed or gift deed may be considered depending upon the facts and ownership structure. Kindly have all title documents, mutation records and succession documents examined by a local property lawyer before proceeding with any transfer.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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Yes, it is possible. If your father died intestate (without a Will), the bungalow will first devolve equally upon the legal heirs—your mother, your elder brother, and you.
After mutation and recognition of the heirs' shares, your mother is free to transfer or gift her share in the bungalow to you through a properly executed and registered Gift Deed. Your elder brother's consent is generally not required for your mother's share.
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Adv. Aravind Pandit
Pune | 5+ Answers
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Your mother's 1/3rd share can be gifted exclusively to you.
Your elder brother cannot claim your mother's gifted share merely because he is also a legal heir.
After the gift, ownership would typically become:
You: 2/3rd share (your own 1/3rd + mother's gifted 1/3rd)
Elder Brother: 1/3rd share
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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Yes. After mutation, your mother can legally gift or release her share in your favour through a registered Gift Deed/Release Deed. Your elder brother's share will remain unaffected as per the concerned provisions of law.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, it is possible. Your father died intestate, so the property devolves equally (1/3 each) among the three legal heirs. After mutation, your mother can legally gift her undivided 1/3 share to you via a registered Gift Deed, without requiring your elder brother's consent.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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