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ma (Other)     17 May 2011

Property Transfer

 

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 in my name by preparing the gift deed and getting an 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. 

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



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 2 Replies

G.Nagarajeshwar Rao (Advocate)     17 May 2011

 

==> How the property is acquired by your grand mother? 

==> Whether your grand father bequathed any will in favour of your grand mother? 

Ans: Then the property is self acquired property of your grand mother, she can gift the property in you name. 

==> Whether your grand mother acquired the property after the death of your grand father without will, as the elder person in the house? 

Ans: Then the property is the joint family undivided property. When your grand father died without bequathing will in the name of your grand mother. After the death of your grand father all the legal heirs of your grand father will be acquired undivided share in the property of your grand father. If the property is acquired by your grand mother without will of your grand father, she will be treated as only nominee / costodian to the property. She can not possess alienable rights. In these circumstances it is better to get the gift settlement deed with the signatures of the legal heirs of your grand father and his son [i.e. the legal representatives of your late maternal uncle].  

prabhakar singh (advocate)     29 May 2011

so property exclusively blonged to your grand father(maternal) and if he has made any will in his life time then if house abadi proprty then it wold be deemed to have been enherited by your maternal grand mother your mother and the son/grand sons of your grand mother jointlyirrespective of any nominiation not being a will of your maternal grand father.if proprty is agricultural then in absence of a will shall go to your maternal grand mother and her two grand sons but not to your mother.SO YOUR GRAND MOTHER CAN GIFT YOU OWNLY HER SHARE INHERITED AND THE WHOLE OF THE PROPERTY THAT YOUR GRAND FATHER OWNED,SO YOU CAN GO FOR HER SHARE AND TO AVOID FUTURE DISPUTE YOU CAN GET IT SIGNED AS NO OBJECTION FROM HER GRAND SONS SO THAT THEY MAY NOT CHALLENGE IT AFTER THE DEATH OF YOUR GRAND MOTHER.


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