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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?
Do seek a detailed legal Consultation and get the title deeds legally perused and validated by the lawyer. Do connect and brief the lawyer and seek his considered opinion on the issue in hand. Mode can either be gift or will.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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If your father brought it by his own money then it will be self acquired. In order to answer your other queries as to your brother's claim and way to transfer accurately, I'll be needing further details.
Feel free to contact me and provide further details.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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As mentioned -new house in her exclusive name- hence it is a self acquired property. To prove otherwise is unlikely to succeed.
A gift deed is the best option, you may have to bear stamp duty and advisable against Will.
You will need NOC from siblings in future when you would like to probate the Will.
A gift deed is the preferred method.
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Adv. Kunal Sinha
Delhi | 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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