Right legal way to transfer property
Sanjeev
(Querist) 05 November 2016
This query is : Resolved
My mother has some property which is in her name and was purchased by her husband. Her husband has passed away. She has three sons. She wants to transfer the property which is in her name to her two sons and not to the third son. What is the correct legal way of doing so while she is alive so that it cannot be challanged in the court of law by her third son after she dies.
Kumar Doab
(Expert) 05 November 2016
It is believed that you are Hindu. Confirm!
What was the nature of property in your father's hands;Self earned/acquired?
How did it devolve upon your mother, after your father's death? Say by inheritance,gift etc?
Did your father's mother, sons, daughters sign NOC/relinquishment in favor of your mother?
Rajendra K Goyal
(Expert) 05 November 2016
In absence of will, property of late father is to be inherited by all legal heirs(all sons and mother are legal heirs in this case). Any legal heir can not be deprived of his right till he willfully relinquish his right in the property.
Kumar Doab
(Expert) 05 November 2016
Repeated query:
http://www.lawyersclubindia.com/forum/Transferring-property-143984.asp
adv.bharat @ PUNE
(Expert) 05 November 2016
Repeated query no reply as all-ready given on this forum.
Sanjeev
(Querist) 05 November 2016
First of all thank you very much for asking all this and your valuable time.
1. It is believed that you are Hindu. Confirm!
Ans-Yes, I am from a Hindu Family.
2.What was the nature of property in your father's hands;Self earned/acquired?
Ans-Father had self earned and purchased this in the name of his wife. Father has not made an will of any type for any of his property.
3. How did it devolve upon your mother, after your father's death? Say by inheritance,gift etc?
Ans-Father had purchased from his earning the property in the name of his wife. There is no gift deed made by father in the name of his wife for the purchased property in his wife's name.
4. Did your father's mother, sons, daughters sign NOC/relinquishment in favor of your mother?
Ans-Father purchased the property from his earning in his wife's name and after 10-15 years he passed away. The property is registered in his wife's name currently. Father's mother, sons or daughters have not signed NOC/relinquishment in favour of mother.
Sanjeev
(Querist) 05 November 2016
Sir, I have answered the required queries.
adv.bharat @ PUNE
(Expert) 05 November 2016
Yes it can be challenged in court of law if third son will not get any right in that property.
adv.bharat @ PUNE
(Expert) 05 November 2016
Third son need to sign relinquish deed in favour of his two brother.
Kumar Doab
(Expert) 05 November 2016
It is felt that mother being owner/title holder can dispose in favor of anyone by a valid deed, in her life time.
You may wait for the advise of other experts.
Sanjeev
(Querist) 06 November 2016
Please accept my sincere thanks for answering the queries Doab Sir.
After the mother passes away can the third son say that the gift deed is not genuine in the court of law though it is actually signed by mother? What can be done to prove after the life of mother that she actually signed the deed?
Which are the valid deeds? Are gift deeds valid? What is the procedure to make it? Can any lawyer make it? Will it have to be registered in the court of law? What are the other points to be kept in mind will making it so that it cannot be made null and void by law after the life of mother.
Sanjeev
(Querist) 06 November 2016
Sir, please answer some more queries related to it.
Guest
(Expert) 06 November 2016
Mr. Sanjeev,
Although your query was of academic nature, your present problem is already solved.
About your supplementary question, "After the mother passes away can the third son say that the gift deed is not genuine in the court of law though it is actually signed by mother, What can be done to prove after the life of mother that she actually signed the deed?" DON'T YOU THINK your question is quite absurd when neither the property has been transferred to two sons, nor your mother is expected to die immediately after she signs the deed?
Can't you wait for the property to be transferred and your mother die after that?
By the way, if not, how do you know that your mother will die immediately after transfer of her property?
Also, are you the third son of your mother?
Kumar Doab
(Expert) 06 November 2016
Anyone can allege that gift deed was signed under coercion.Allegations are to be proved to the satisfaction of court of law, that alone can revoke the gift, if satisfied.
The donor shall be personally present before registering authority to sign the gift deed. It shall remain a fact.
Gift deed is valid mode to confer ownership.
Better if the deed is drafted by your own counsel, keeping in mind the issue at your hands.
Rajendra K Goyal
(Expert) 06 November 2016
If the property was purchased in the name of your mother, she is owner of property, she can sell / gift / mortgage / bequeath a will in the property in favor of any one during her lifetime, son can not object.
adv.bharat @ PUNE
(Expert) 07 November 2016
The document must be registered with proper payment of stamp and registration charges.
adv.bharat @ PUNE
(Expert) 07 November 2016
Author need to explain the query raised by expert.
