Mother gifted property to brother. Can i ask for my share?

960 votes

Have you seen the so called registered gift deed executed by your mother to your brother? Do you have a copy of it and confirms the gift deed?
Basically it is a property on the name of your mother, i.e., property belonging to married women will be their absolute property in which they have full rights to dispose the same in any manner and to anyone of their choice as per desire without taking anyone's consent including her husband or children. If this gift deed was executed by your mother in a normal status i.e., without any pressure and in a sound mental health, this can be considered as a valid document hence neither you nor anyone can claim any share in the property after the said execution in your brother's favor.

Advocate T Kalaiselvan LawRato

879 votes

Any self acquired property can be gifted to any person. However if it is an ancestral property (in case of Hindu) then the said property can not be gifted, you being one of the legal heir, entitled for a share in the ancestral property.

LawRato LawRato