Gift by my mother
DEEPAK DHAMEJA
(Querist) 05 February 2014
This query is : Resolved
THERE IS SOME IMMOAVBLE PROPERTY WHICH IS IN MY FATHERS NAME BUT HE WAS DIED 15 YEARS AGO.
TOTALLY WE ARE 4 LEGAL HEIRS( INCLUDING ME)
ONE OF LEGAL HEIR MEANS MY UNMARRIED SISTER ALSO DIED.
SO MY MOTHER WANTED TO TRANSFER THAT PROPERTY IN MY NAME FOR WHICH I HAVE PUBLISHED PUBLIC NOTICE AND FROM JUDICIAL BODY I HAVE GET APPROVEMENT.
NOW MY QUESTION THAT IF ANYONE TAKES OBJECTION SO WHAT WILL BE HAPPEN ?
SHALL I REGISTER THAT GIFT DEED ?
Rajendra K Goyal
(Expert) 06 February 2014
You have not cleared whether the property was self acquired by your father?
If yes did he left any will?
We presume that the property was self acquired by your father and did not left any will.
Your mother has 1/3rd (After removing your expired unmarried sister share). She can gift her 1/3 rd share to you.
For total ownership of property you have to get the relinquishment deed from other legal heir of your father.
Publishing in news paper will not deprive legal heir from his right.
DEEPAK DHAMEJA
(Querist) 06 February 2014
she is also give me release deed and the propery is self occuiped by my father and he was die without any will
Advocate. Arunagiri
(Expert) 06 February 2014
Out of the 4 legal heirs, 2 had relinquished their shares, one is ready to transfer it in your name.
So, you will become the sole owner of the property.
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
I agree with the expert opinion of Mr. Goyal on the subject. Out of four legal heirs, one (sister) died, mother is ready to gif her share, what about the other legal heir?, is he/she ready to relinquish the share in your favor? Check it. For what you want to publish in the newspaper?, waste of time, money and energy. Discard the idea.
malipeddi jaggarao
(Expert) 07 February 2014
I agree with the opinion of experts. Who is the third legal heir - you have not disclosed. The third legal heir can exercise her/his right even though you give paper publication. He/she should be willing to join with your mother in relinquishing the property and execute the deed which has to be registered. Then only you will become sole owner of the property. No short-cuts in law.
Kumar Doab
(Expert) 07 February 2014
Learned experts have given valuable advise.
Follow it.
It is believed you are Hindu.
You have posted that you are 4 legal heirs (including you) out of which the unmarried sister is deceased.
Who is 4th legal heir other than you, your mother, and deceased unmarried sister?
Your mother and other legal heir can
transfer/gift/relinquish their share to you and thus make you sole owner.
R.V.RAO
(Expert) 09 February 2014
yes.if all other living legal heirs execute a regd. relinquishment/gift deed, you will become owner.between blood relatives no gift tax attracted.
