ma (Other) 16 May 2011

Gift Deed

My maternal (mother's mother) grandmother has a property that she want to gift me. She has one son (expired) and one daughter (my mother who is alive). Her son has two son (her grandson).

I want to know if she can transfer the property by preparing the gift deed and submit to society. Does she require to take NOC from both her grandson in order to gift me.

Note: Property was purchased by my late grandfather (her husband) which later got transferred to her as she was nominee.

Thanks

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 May 2011

She cannot gift entire property to you, if she did so it will be void because she has no right to gift the entire property because it is an ancestral property. Other legal heirs of your grand father has also got equal rightw in the property. Your mtoher and her brother have got equal share. Son is no more hence his legal heirs have got share in the share of deceased.

ma (Other) 16 May 2011

Hi Rajeev

What is the best option for it to be transferred. Is it possible to transfer, if I get a NOC from both grand-son (cousin brothers) and my mother OR Can I get it later on basis of a WILL that we prepare today & register it when she is alive.

Thanks