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What option do we have to transfer property from our mother name to us
01-Apr-2025 (In Property Law)
We have a property in delhi on our mother name which she got after the division of our ancestral home which our grand mother had to sold after some loss occur by fault of our aunt my father also died 5years before that and now mother don't live with us she got married again the property is not registered on her name but gpa is on her name I have one sister and me what should we hav to do to register it on our name
Since the property is not registered in your mother’s name but is under a General Power of Attorney (GPA), you first need to check whether the GPA allows for transfer or sale. If the property is still in the name of the original owner, your mother may need to execute a transfer deed in your favor.
If your mother is willing to transfer it, she can execute a registered Gift Deed in your and your sister's favor. If she is unwilling or the legal ownership is unclear, you may have to file a suit for declaration and ownership rights. It is advisable to obtain a copy of the title documents and consult a property lawyer for proper legal action.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Dear Client
Ancestral property is jointly owned by family. Self-acquired has single ownership. Transfer rights: Ancestral property requires consent of all heirs for sale/gift. Self-acquired property can be transferred freely by owner. In this case, in case the property is self acquired, it can be transferred in your/your sibling’s name.
Feel free to reach out for further discussion.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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You could either get the property gifted to the both of you wherein the property can be transferred in her lifetime. Or else the same could be willed to you both in her last Will & Testament and the property would devolve upon you both upon her demise. You may contact us for a more accurate consultation with all available documents.
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After your father’s death, your mother & your sister n you are the legal heirs !
Even if your mother has done second marriage, then also she has her 1/3rd share. If your mother can relinquish her share if she wants or else deed for declaration or partion deed or suit for declaration are the only options
You need to hire expert advocate
Plz b in touch
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Adv. D. Khan
Delhi | 1000+ 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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