About gift deed
raghu
(Querist) 03 March 2012
This query is : Resolved
hello
my mother owned a property and we are 3 brothers and 1 sister
i and my big brother live seperetally with family and my mother stays with my younger brother.
The property is by my mothers name....she is house wife
she wants to give it to my younger brother in gift deed
how can i take my share from my mothers property......
my father in in his life time support me when purchased my home
any way i can get share in the property
thanks
Raj Kumar Makkad
(Expert) 03 March 2012
You have not mentioned the source of the property. I presume the property with your mother is her self acquired then she is fully entitled to make will/gift or to dispose it in any manner which she deems fit. You cannot get anything without her consent.
If the property is ancestral then you all 4 brothers and sisters have got legal right therein in equal share.
M.Sheik Mohammed Ali
(Expert) 03 March 2012
as per hindu law name of the property in female, so she will do any thing as her wish even get from ancestral property.
R.K Nanda 
(Expert) 03 March 2012
Ur mother can give it to anyone as per her wish. you cannot have share in it.
R.K.NANDA-ADVOCATE
Deepak Nair
(Expert) 03 March 2012
If it is an ancestral property, all her children have equal right. If she wish to give it to one of her son, the other children shall relinquish thier share.
If the property is self earned, then your mother can dispose off it at her own discretion.
A V Vishal
(Expert) 03 March 2012
Dear Makkad & Nair, I think the querist is clear about the ownership of the property as he has acknowledged as "my mother owned a property ", in such circumstance there is no doubt about the ownership and such the querist cannot demand a share in his mother's property.
Deepak Nair
(Expert) 03 March 2012
Vishal Sir,
He has not clarified in the query that how his mother became the owner. That is why i replied as above.
raghu
(Querist) 03 March 2012
sir my mother is house wife My father is in job.... but through out the property is by the name of my mother
my father brought by name of my mother ........
so can i still have share in it
what can i do to get it
as i'm heir
prabhakar singh
(Expert) 03 March 2012
I think there is lot of confusion about your query in the mind of experts just due to the fact that your father bought it name of your mother.
But I think your father is no more and only he had the right to claim it as his Benami(ostensible ownership)and none other.
Hence doubtlessly your mother is EXCLUSIVE owner of the property standing in her name and she is free to deal it as per her wishes as you do not have any claim or share on any basis. Opinions of M/s M.Sheik Mohammed Ali,R.K.NANDA,and A V Vishal are confirmed by me as correct.
Nadeem Qureshi
(Expert) 03 March 2012
Dear Raghu
as per the legal point you have no right to claim your share in this property because your mother is owner of that property and have right to do anything as per her wish.
feel free to call
A V Vishal
(Expert) 03 March 2012
Dear Nair, I once again reitrate what I have posted earlier since the querist is clear about the ownership of the property as he has acknowledged as "my mother owned a property ", in such circumstance there is no doubt about the ownership.
Deepak Nair
(Expert) 05 March 2012
Vishal Sir,
Thanks for the clarification.
raghu
(Querist) 07 March 2012
sir...now what can i do to get my share if possible in any case
my son if he had right on the grandmothers property..etc...kindelly tell me
