Mother property registering to son
SB
(Querist) 28 August 2014
This query is : Resolved
Hi Sir,
We are 3 brothers. My mother has a house registered on her name which is a self earned property. Now she want to register this property to my elder brother where my younger brother is not agreeing to sign. Myself, my mother and father are ready to sign the papers. But still my elder brother is very much concerned about my younger brother signature on the papers. Please clarify me, Is my younger approval is really required to proceed for registration? Can my younger brother proceed legally on this in future.
Thanks.
Kiran Kumar
(Expert) 28 August 2014
If the property in question of a Self-Acquired property of your mother then she need to procure signatures either of her husband (ur father) or any of her sons.
She may dispose of the property as per her own will/wish.
Even if one erring brother is not agreeing to it, the mother has every right to utilise her property in her own way.
SB
(Querist) 28 August 2014
Thanks for the info sir :)
adv. rajeev ( rajoo )
(Expert) 28 August 2014
Its your mother's self acquired property. She need not take any bodies permission to transfer it to your elder brother.
ajay sethi
(Expert) 28 August 2014
your mother is absolute owner of property . she can execute gift deed of property in favour of eldest son . she dosent need younger son consent
Rajendra K Goyal
(Expert) 28 August 2014
Signatures of younger brother are not required in the given circumstances.
Kumar Doab
(Expert) 28 August 2014
Fully agreed with experts.
WILL, GIft deed are better options.
SB
(Querist) 28 August 2014
Thnx all for valuable information.
Can my younger brother proceed legally on this in future? Is there any chance to create problems there after my mother?
Kumar Doab
(Expert) 28 August 2014
As per narration by you in your post: NO.
ajay sethi
(Expert) 31 August 2014
thanks for your appreciation . even if your younger brother files case he wont be able to set aside gift deed
SB
(Querist) 08 September 2014
We have registered the property on my elder brother name with my mother and father signature.
Thank you all for the support.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 31 August 2014
