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S.Krishna Prasad   09 September 2015

Gift deed

Sir, my mother has only one son and two daughters, he got married but no children. Both my brother and his daughter were expired, now I am looking after my mother another sister is in Karnataka. My brother has got one flat in his name on loan taken from Syndicate Bank. After expiry of my brother, we are paying the EMI to the Bank and recently we have claeared the entire dues to the Bank. As I am looking after my mother and paying the loan amount, she wants to transfer the flat in my son's name as gift. Affidavit for Legal Heir has been obtained for my mother, please tell us what are the documents required for to transfer it in to my son's name. Please advise us.

Thanking you, Sir,

S.Uma.



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     09 September 2015

your mother can not gift that flat to your son because she is not a owner of that flat, the flat is in your brothers name, your mother and the widow of your brother is the legal hier of your brother, first obtain the legal heir certificate for them and then do proceeding of mutation then your mother and your sil (bhabhi) if they want to gift their share to you now they can .

adv.raghavan (Advocate,9444674980)     11 September 2015

Your query is very confusing, your mother wants to gift, his deceased son property favg, her grand son, is that you are trying to convey,  Yes she can do so. Scenario 1. Your mother is  one among CLASS 1 legal heir. In the absence of any other legal heirs, the property devolves upon her fully and it becomes her property. Scenario 2, if your brother  wife is there, she do have  a share in that property as she is also one among CLASS 1 legal heir, so she has to relinquish her rights over the property, facilitating your mother to settle the property favg. her grand son son. On the contrary your mother has to no right to do the same. as she can transfer only her share favg her grand son .


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