Property metter
gunvant solanki
(Querist) 27 January 2012
This query is : Resolved
my mother having one flat in her name,my brother made gift deed agreement to transfer the flat in his name.
we are 3 sister & 2 brother. we all are married. brother staying in mother flat,without our concern he made this agreement & transfer the flat in his name.
please let me know that if any thing done to change the agreement,as i here supreme court latest judgement that any property or anything parent having should equally divided to all the children.
please let me know what to do ?
M.Sheik Mohammed Ali
(Expert) 27 January 2012
you are not mentioned said property is self earned or ancestral property, and if ancestral property than all the legal heirs having rights to claim, now your mother ready to withdraw the earlier gift, then fight with your brother, otherwise not possible.
Raj Kumar Makkad
(Expert) 28 January 2012
I presume that the flat is self acquired of your mother (as you told parents property and not ancestral) so your mother is free to dispose of her property as per her own whims and wishes.
She is well within her legal rights to gift the property in favour of her one son ignoring all other children.
If you have any supreme court citation against this settled law, then post it here so that we all experts may also be benefited like you.
V R SHROFF
(Expert) 28 January 2012
Agree with Raj.
Self acquired flt can be gifted by your mother to your brother who is with her, and look after ur mother in same flat.
Advocate. Arunagiri
(Expert) 28 January 2012
If the property is self acquired, she is having all such rights to gift it to any one.
ajay sethi
(Expert) 28 January 2012
agree with experts . if it is self acquired flat she can gift the flat to any of her children . not aware of any supreme court judgement to contrary
