Re: a property given by gift deed

R.BALA (Querist) 26 September 2015 This query is : Resolved
Sir,
In our residential society in Mumbai one of the member who is deceased has three sons. after the death of the father the flat is transferred to the wife now the wife wants to gift the flat to one of the sons by gift deed the other two sons have agreed what will be the standing of the son to whose name the flat has been gifted,can the society transfer the flat to the son and can his name be added in the share certificate please advice the transfer from deceased member to wife has taken place in July 2015

Follow Query

Report Abuse

Anirudh (Expert) 26 September 2015
First on what basis the flat of the deceased was transferred in the name of the widow of the deceased? Was there any WILL left by the deceased in her favour?

Otherwise, when there are 4 legal heirs (widow, three sons), how the flat was transferred only in the name of the widow?

Rajendra K Goyal (Expert) 26 September 2015
The question raised by the expert Anirudh is prime and important.

If all other legal heirs have already relinquished their rights through registered deed / or the deceased has left will in favor of widow.

If so she can gift the property as per her wish.