ajay 28 April 2016

How can my mother give a share in property to my younger bro

My mother is willing to give her part of share in property to my younger brother by the way of gift deed.

Now i will like to give some info about the case.

I got separated from my brother taking my share in property in back years. He made a document in that just the matter stated that I took my part of money from the said property and i have no title on the said property.

as said above my mother is giving her share to her younger brother can she give without my consent?

Will it be necessary that i have to be present before registrar in getting gift deed registered?

And if she can give the share to younger brother will that gift deed be registered if i dont be present while the registration of gift deed before register??

Reply Follow

6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 28 April 2016

Sir,

If she is giving only her part of the property, then why would you be required for the transfer. If your share is involved then your presence is required.

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor) 28 April 2016

The share your mother holds is her absolute property and she doesn't need your consent nor presence when she makes a gift

(Guest)

The thing to note here s is the property ancestral... Where did she got the property u can pm me for further details

saravanan s (legal advisor) 28 April 2016

Even if the share in ancestral property gets into a woman's hand it becomes her absolute property

ajay 30 April 2016

thanks everyone for your reply. But my mother havent got her share by her own "Earned" money.

for example i purchased a flat and i added my name but i even added my wife's name in flat that dosnt mean that my wife is the 50% owner of flat.

in my case as my mother got the ownership in a good faith she can enjoy the property but i the legal heir of her so how can she give her part of share to my brother without my consent?

And non of the documents were registered by my brother when i was seprated. So is fine to run the case on the basis of those unregisted documents?