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Gift deed from mother to daughter (Property Law)

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This query is : Resolved


Author : Anonymous

Posted On 18 July 2011 at 13:44

My father passed away without making a will. He had nominated his wife(100%) in the nomination form. Apart from his wife he has a son born out of his first wife and myself born out his second wife who is the 100% nominee. After my fathers death as per the nomitation form the flat got transfered in my mothers name. Who has now gifted the flat to me. The gift deed is registered. Later I applied for share transfer with the society. Now after 90 days from date of application, the society is asking me to obtain my step brothers NOC which he is not willing to give. I need to understand:

1. Is the gift deed valid?
2. Can the society ask for my step brother's NOC ?
3. Do I become a deemed member as the socety did not revert within 90 days ?
4. What is my stand ?




Expert : R.Ramachandran

Posted On 18 July 2011 at 14:06

Since your father had died without leaving a will, the property will go by way of inheritance amongst all his legal heirs.

You have to indicate whether he married his second wife when the first wife was alive or what was the position.

After knowing the above information, answer will be given to your query.



Author : Anonymous

Posted On 18 July 2011 at 14:11

My father divorced his first wife and married my mother.

If the share will be equal amongst 3 memebers, what will be the case when my step brother asks for 50% ?



Expert : M.Sheik Mohammed Ali

Posted On 18 July 2011 at 14:43

yes, i do agree expert query reply



Expert : R.Ramachandran

Posted On 18 July 2011 at 20:19

Dear Anonymous,
You are only asking questions without bothering to answer the points asked for. For instance, you have to clarify whether your father married the second wife when the first wife was alive. You have not answered this point so far. Your answer to this query will be a key to your query.



Expert : R.Ramachandran

Posted On 18 July 2011 at 20:21

Your step brother cannot ask for 50% even if he demands, he will not succeed. All the three of you i.e. your mother, you and your step brother will get equal share i.e. 1/3rd each.


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