Gift deed and claim right


X is father and Y is wife of X and  A,B - sons  & C,D - daughters.

X had purchased the property from his earnings.

X was expired before 30 yrs. without  making a will.

currently Y is the owner of the property and her age is + 85 years.

Elder Son A is residing with his family with Y ,however not taking any care or responsibilities of Y .

Son B is residing out of India with his family.

Elder unmarried  Daughter C is residing with Y and taking full responsibilities & care of Y.

Younger daughter D is married.

Y had gifted her property to C via Gift Deed and documents were registered in registarar office.

C can sell out the property ?

A,B,D have right to claim in this property?

Thanks & Regards

 

 
Reply   
 

X is purchased the property. After death of X how you decide the Y is owner of the property? If X is purchased the property in the name of X - after the deceased the X . Y, A, B, C & D equally have right each 1/5.

Y is have full right to execute the her share of 1/5.

 
Reply   
 


FIN

It is believed that all involved are Hindu.

Confirm!

 
Reply   
 
FIN

Agreeing with @  A.Sumathy. (Regret did not add title Mr/Ms/Mrs................Pls post how to address).

How did Y alone is termed owner?

Since ClassI legal heirs of decased Hindu male have equal rights i.e. Mother(if alive as on date of death), Wife (if alive as on date ofdeath), sons,daughters.............

 

So if mother was also alive each has 1/6th share.

 

 
Reply   
 
FIN

Were all sons and daughters minor at time of death of X?

If not did all ClassI legal heirs relinquish/release/gift/sell etc their share in favor of Y by a valid/registered deed?

There seems to be some typo error in  age of Y.

It can not be 8+ years as on date.

It might be 80+ years.

 

 
Reply   
 
FIN

If all ClassI legal heirs did not relinquish/release/gift/sell etc their share in favor of Y by a valid/registered deed then Y can not gift more than her share i.e 1/6th or 1/5th ( depending upon if mother was alive as on date of death of X or not.)



 

 
Reply   
 
FIN

Marital status of any sons/daughters and their staying with Y does not matter as far as their share is concerend.

Their share does not vanish.

Y can claim maintainance from all sons, daughters.

All sons, daughters can settle their share of maintainance of mother.

 

 
Reply   
 
FIN

C taking care of mother in her old age has NO bearing on share of other ClassI legal heirs of X in property left by X.

Did all ClassI legal heirs sign as consenting witness in said Gift deed?

 

 

 
Reply   
 
subregistrar/supdt.(retired)

Agreed with the expert Mr.Kumar Doab.

 
Reply   
 
FIN

Thanks fro agreeing Mr.kavksatyanarayana 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics