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Rohan (Proprietor)     18 July 2012

Gifted property info

Respected Form Members,

My Father Self earned & purchased a flat in his name in 1982 and in 1995 he died without making any legal will.. Therefore the said flat got tranfered on to the name of my widow mother.. During this year she Gifted Deed it to one of our brother without informing any of her 3 sons & 3 daughters.. My mother and the said flat gifted brother are having the possession of the flat.. What should i do can i claim it or not.. I'm having 1 son & 1 grandson & the flat is in co-op scty.. Any Advise would be Appreciated.. Plz Help me out.. Thx



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 July 2012

When your father expried withot a will the property automatically came to be vested in all of you (children) + mother in equal respects. The Gift Deed is beyond the competency of the mother, and can be challenged and the property transferred.

2 Like

Rohan (Proprietor)     18 July 2012

Thx for the Advise Adv Bharat Sir.. At present the said flat is in the name of my small bro.. he is ready to pay me but i don't want the money, i want to keep it as it is in the joint names of my alive mother & we childrens or atleast including my name in this property with my bro jointly.. Can it be possible to include my name as the flat is in possession of my bro & also the transfer process is completed unknowingly.. Will i be able to use it in future.. What primary steps should i take.. Plz help..

Bharatkumar (ADVOCATE )     18 July 2012

You and your brothers and sisters equal right in this property, so give a application and enter all names in this property and your Brother also give one another application for enter your all names in records.   

Rohan (Proprietor)     21 July 2012

Reaspected Bharat Sir,

Where can i get the info regarding the transfer process of gift deed agreement or may be some other deed by the means of rti or by some other source.. The flat is located in mumbai ghatkopar.. Where & to Whom should i apply..? Plz Advice.. Thx


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