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Mukesh   17 August 2023

gift deed in redevelopment

my parents had bought one property with joint ownership in 2005. in 2007 my father passed away without any will. the society has transferred the share certificate in the name of my mother earlier it was in the name of both. in dec 2021 the society has signed agreement for redevelopment with one builder the agreement was executed by my mother alone in June 2021 my mother had gifted her share of property that is 60% to me.
my question is should I submit the gift deed to the society. if after submitting the gift deed will the redevelopment benefits of rent hardship compensation corpus fund be shared among the brothers we are 4 brothers


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 August 2023

Your mother is not the sole owner of the property.  She is having 50% of her share and the remaining share you, your mother and your brothers have equal rights over the remaining share.  So all the legal heirs shall execute a gift deed in your favour for 50% share and her share, she can gift you it.

P. Venu (Advocate)     17 August 2023

Yes, the father's rights have jointly devolved upon all the legal heirs of your late father.

T. Kalaiselvan, Advocate (Advocate)     17 August 2023

Your father's share in the property will devolve equally on all the legal heirs of your deceased father, which includes your mother also.

Therefore if your mother is transferring her share  i.e, 50% of her share in the property along with the share she is entitled to get as a legal heir of your deceased father, can be combined and transferred to your name by executing a registered settlement deed. 

Mukesh   18 August 2023

thank you all for the replies
my question is
in dec 2021 the society has signed agreement for redevelopment with one builder the agreement was executed by my mother alone in June 2021
.my mother had gifted her share of property that is 60% to me.
my question is should I submit the gift deed to the society. if after submitting the gift deed will the redevelopment benefits of rent hardship compensation corpus fund be shared among the brothers we are 4 brothers

P. Venu (Advocate)     19 August 2023

May be the Society may not go into the nitty-gritty of the issue. However, is it not fare your part that the siblings are taken into confidence?


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