Gift Deeds

rajesh (Querist) 01 February 2010 This query is : Resolved
1. Can a Mother & a Son make a Gift Deed of a Flat to her Daughter.

2. Flat is in the name of Mother.

3. Son is Married but separated from Wife who is having 2 sons.

4. The reason for Gift Deed is that the Mother does not want her son's wife to claim the said property.

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Arvind Singh Chauhan (Expert) 01 February 2010
Yes mother can, if the property is self acquired and on her name. But How the son?. Her son's wife can not claim said property, she can claim only from husband's property or from ancestral property.

Parveen Kr. Aggarwal (Expert) 01 February 2010
Mr. Arvind is correct. In case the Flat is self-acquired property of the mother, she can convey it by way of gift deed to her daughter without associating anybody including the son. Also, the wife of son can have no claim with regard to the properties of her mother-in-law.

rajesh (Querist) 01 February 2010
Thanks.

It ,means the name of her daughter can be entered in the Society Share Certificate.

Raj Kumar Makkad (Expert) 01 February 2010
If the flat is in the name of mother then there is no need to get it gifted in the hands of her daughter because daughter in law has no claim against the same.

Sachin Bhatia (Expert) 07 February 2010
If the property is self acquired of mother she can make a Gift Deed. As far as daughter in law is concern she can not claim share in mother in law's property.

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