Property gifted to one son only by mother
Uday Kumar
(Querist) 11 January 2014
This query is : Resolved
Dear Sirs,
Husband purchased a Property in the name of wife having two Son
Wife gifted Property to only one SON and not given any share to another son.
Has wife rightly gifted the property to only one son
Please guide Expert with relevant text
Anirudh
(Expert) 11 January 2014
As the property is the sole and absolute property of the mother she can do whatever that she wants to do with the said property. If in her wisdom she gives the said property to one son that is perfectly valid. The other son cannot complain. He has no legal remedy and he cannot force his mother to give a share to him.
Uday Kumar
(Querist) 11 January 2014
Dear Anirudh Ji
Thanks for your Expert Message,
But in this case Property was purchased by the Father/Husband in the name of Wife
So as far as Father is giving property to one son is Legally OK but has Mother/wife locus Standi to give the property to one son in view of the fact that Property has not been purchased by her(Mother/Wife)
and any property
Anirudh
(Expert) 11 January 2014
It is not the question as to who purchased the property. The question is as to in whose name the property is.
You yourself said that it is OK for a father to give the property to any one. Therefore take it that the father (in this case the husband) has given the property in the first instance to his wife.
Therefore the wife is the absolute owner. Therefore whatever I said in my earlier mail follows. That is the legal position.
Anirudh
(Expert) 11 January 2014
You also said in your post that the wife (mother) had not spent a single penny from her pocket to get the property.
Say for instance, if the property is given to both the sons by the mother, in that case the sons would not have spent a single penny to get the property. That will not prevent the son(s) to do whatever that they want to do with the property. In case if any of the son has more than one children, and if the son wishes to give it to only one son, the other sons/daughters cannot claim any right.
Therefore, who spent the money in acquiring the property is not the question.
Rajendra K Goyal
(Expert) 11 January 2014
Mother is the owner of the property and she has right to gift, mortgage, sell or will the property as per her wish. If she want to gift it to one son it is OK, other son have no claim in it.
Agree, with the expert Anirudh ji.
