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How is the Father's property need to be divided
03-Aug-2023 (In Property Law)
We have a property (ownership flat ) in Kolkata in the name of my father who died on 10th July 2018. My elder brother also died on 21st March 2018. Now my mother (age 67) is staying alone in the flat. I am staying in Odisha for Govt. job with my wife and my daughter. My elder brother did a mutual separation with his wife 3 years back. Accordingly she is staying in her parent’s home. Now please let me know the share of each person living. Can my mother make a gift deed of the whole property to me or to my daughter? Please guide me what to do in the present status.
Presently the property is being owned by you and your mother in equal proportions. Your mother can easily gift the property to me and then you can become the absolute owner of the property. In order to guide you better, a face to face interaction is necessary.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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No you can't. As the wife of your elder brother is surviving and has the right on your brother's share in the property unless she is married with someone else. After divorce, your wife is entitled to get the share of your brother (demised) in your father's property along with you and mother. Find out whether she is remarried after divorce. If not, gift deed created over the property without her consent is invalid and can be challenged in court and the court will cancel such gift deed even it is registered, For any further guidance you can get my contact details from Law Rato.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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Since your elder brother pre deceased your father, the wife is not entitled to the share. Presently you and your mother are joint owners and both entitled to equal half shares. In such event she can surely gift half of her undivided share to you then you become the exclusive owner of the flat, or she can gift her share to your daughter, then you and your daughter become the joint owners in the flat and later on you can also gift your share to your daughter then she becomes the exclusive owner of the flat. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ 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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