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Karthik (Manager)     03 November 2013

Property obtained through gift deed-problem in selling

y mother had a property worth 5 cr in Tiruchirapalli .My family  comprises of myself, two brothers(one deceased) an two sisters. All my siblings are married and with children. My mother wrote this property in in my name through gift deep in 2005. In that she had mentioned that there was a cash settlement made to my siblings and that they do not  have any right in this property( in reality no such settlement was done to any of my siblings). They are not aware that this property was written in my name . My mother passed away 3 years back

I am planning to dispose off this property. I need to know:

1. Whether my siblings can claim a share in this property thought I own the same through gift deed

2. If I need to sell the property , do I need the signature of my siblings?

3. Will the buyer ask me to show the settlement done to my siblings ?

please advise

Ps:My father passed away many years back and this property is my mothers own earning



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 November 2013

Your mother's self acquired property can be disposed of in the manner she wanted it to be and her gift deed in your favor is valid and legal.  Thus as per the gift deed, the entire property devolves only upon you and no other person i.e., your brothers or sisters do not have any right over the property and you need not obtain their consent or signature while disposing the property to any third person.  This is legal but since the property is worth 5 crores or more you may share the benefits with your own blood relations as per conscious and natural justice.

Dr J C Vashista (Advocate)     04 November 2013

i agree with Mr. T Kalaiselvan. I shall add that once donee has accepted gift, it is absolute in the hand of donee.

Morevoer, gift donot involve any money. 

Laxmi Kant Joshi (Advocate )     04 November 2013

You have an exclusive right on that property which you have got through gift deed , no one has any right on that , you can sell It without taking any noc or any signature of your siblings .

sunil rajpal (FCA prop)     04 November 2013

Gift of immovable property is only possible when the Gift Deed is registered and ofcourse stamp duty is duly paid as per the revenue laws of the state.


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