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Transferring of property to only one son and leaving other.
23-Jun-2025 (In Property Law)
After my father's death, my grandfather's flat in Delhi was sold by the family.
My mother purchased a new house in Delhi NCR in her name.
She wants to transfer this property to me as my elder brother dose not look after her and live separetly with his wife.
How can she transfer this property to me? By gift deed or through her will?
My brother and his wife have any claim on it and can they legally challenge it in the court?
Will it be considered as self-acquired or ancestral property?
The house your mother purchased in her name is considered self-acquired property, as it was bought using her own funds and not inherited. She has full legal rights to transfer it to anyone she chooses. She can transfer it to you either by executing a registered gift deed during her lifetime or by mentioning it in her will. A gift deed gives immediate effect, whereas a will takes effect only after her death.
As it is her self-acquired property, your brother or his wife has no legal claim over it unless they can prove she was merely a name-lender or the property was bought using joint family funds. If properly documented, the transfer is unlikely to be successfully challenged in court.
Hence, this is not ancestral property, and your mother has complete discretion over it.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Sir, it would be crucial to know if any partition took place. In this case, whether property would be considered self acquired or ancestral would depend on the source of funds for the property. This would in turn determine whether your brother would have claim over it. You may contact to further discuss these technicalities and the way ahead.
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Adv. Priya Wadhwa
Delhi | 25+ Answers
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First your mother debarred your elder brother in which she Stated that your elder brother have no right in there property after that your mother transfer their property by gift deed only not will because in future WILL deed will be challenged by others but not gift deed I have so many possibilities for you
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Adv. Tarique Naseem
Delhi | 25+ Answers
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We need more details as in did your mother purchased this property from selling her own share or the share of all the legal heirs of your grand father.
If the property was purchased after Selling the share of other legal heirs then there would be issue
N in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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I am Advocate Sumit Yadav, and we are a team of 10 advocates operating across India. To assist you effectively and guide you toward the appropriate legal remedies, I would need more information regarding your case. Kindly share the relevant details at your earliest convenience.
Hope to hear from you soon.
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Adv. Sumit Yadav
Delhi | 50+ 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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