LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Reena Shome (Deputy Mgr)     19 May 2014

Gift deed from mother to daughter

Dear Sir,

I am from Navi Mumbai. My mother (Widow ) has a flat . The flat was in name of My father,Mother and myself. Four years back I lost my father. Now my mother wants to gift deed this to me.

But I have a brother who 15 years back he had left home and did not bother to take care of parents.

Please advice if my mother can gift deed this property to me inspite my borther being there.

 

What doucments and procedures to be taken care.

 

REgards

Reena

 



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 May 2014

Your mother cannot gift the whole flat to you as it is your father's flat. Your mother has 1/3rd share in the flat and she can gift only her 1/3rd share to you.

Laxmi Kant Joshi (Advocate )     19 May 2014

Agree with archana ji , your brother is also entitle for 1/3 share in your father's property .

adv. rajeev ( rajoo ) (practicing advocate)     19 May 2014

She has right to gift the property to the extent of her share only in the property.  After the death of your father succession opens.  Being legal heir your brother has got equal share along with your mother and you in the share of your father.

Kumar Doab (FIN)     19 May 2014

Your brother being ClassI legal heir has 1/3 rd right in share of Father(1/3rd).

Your mother can gift  her share to you.

Your brother can also gift/relinquish/sell/transfer his share to you.

The society can update you on its rules.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     08 June 2014

As per section 8 of the Hindu Succession Act, after the death of a Hindu male, the property which was belonged to him will devolve upon his 1st class legal heirs equally. Therefore, no doubt, you, your brother and your mother all the three will get equal share on your father's property.

 

But, in your query you have stated that the flat is in the name of your father, Mother and your's. Thus, it is understood that  you, your mother were having  joint ownership along with your father and all of you had equal right over the same.

 

If it is so, after the death of your father, naturally and automatically his part will devolve upon his legal heirs i.e.on your mother, brother and you. Therefore, you and your mother are entitled only for 4/9 share each on the flat and your brother is entitled for 1/9 share alone.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register