Transfer of property by gift deed
MANOJ
(Querist) 09 March 2011
This query is : Resolved
Dear experts, the mother has transferred the property to her daughter,actual i don't know the mode of transfer. I know one thing that the property has not been transferred for value,and transfer is not registered. The mother is legal owner of the property, she purchased it out her own funds.
Now the daughter wants to sell the property, but the son of that mother wants to file suit against the sale. He claims that he is the legal heir of that property and he also wants a share in the sale proceeds. But actual he has been settled at the time of transfer by give money to him, of his share.
Is it possible for the son to file a suit and if so who will win?
Mother is still alive.
Adv Archana Deshmukh
(Expert) 09 March 2011
If the mother has purchased the property from her own funds, then she has every right to transfer it to anyone of her choice, the son cannot object. The ownership should be first validly transfered to the daughter in order to enable her to sell the property.
A V Vishal
(Expert) 09 March 2011
APART FROM WHAT MS.ARCHANA HAS ADVISED PLEASE TELL IF THE MOTHER IS ALIVE.
Ashok Yadav
(Expert) 10 March 2011
As per your query- the mother has transferred the property but transfer is not regd. First of all deed of transfer of immovable property should be compulsorily regd., with out regn. the deed has no value.
Secondly as asked by Adv. Vishal tell about the mother she is alive or not. Answer of your query depends on life of mother.
MANOJ
(Querist) 13 March 2011
yes mother is still alive
