Gift deed
rajesh singal
(Querist) 10 July 2012
This query is : Resolved
My mother is missing since 2003 and she owns a freehold property on her name. After completion of 7 year from date of missing, my father prepared document from Local Sub divisional Megistrate office that she is not alive now and based on that Municipal corporation issued a death certificate. We are 2 childrens of our parents(one daughter and one son). Both are married and have our own 2 childrens each. Myself and my brother executed relinquish deed in favour of my father for the house(which was on mother's name). Now my father has executed a gift deed in my favour for one portion of property.
Is the process adopted by my father to get the house in his name is right?
Can any children of mine or my brother or his children claim any right in the property in future and is it valid?
How can we make the property ownership document more authentic?
rajesh singal
(Querist) 10 July 2012
All the documents prepared like relinquishment deed and gift deed are registered with proper stamp duty.
ashutosh mishra
(Expert) 10 July 2012
As your mother was the owner of property who is presumed to have been died legally,her ownership has devolved upon her son and daughter and husband and as sons and daughters have relinquished their share by registered deed in fathers favor ,the father became sole owner and had right to absolute transfer exercising which he has made registered GIFT which is valid.So nothing is wrong in course adopted.
Children of your or those of your brother have no right or share claim in the property whose source title originated from your mother.It is not ancestral coparcenary.
