Gift deed of self acurd property
bikkrambhandari8088
(Querist) 29 July 2017
This query is : Resolved
Drear ,
Respected experts, i have an query , can a house wife who had not any source of income , a property on her name , then can she transfer or sell that property? And by law is she absolute owner of that property? The property is now on her name according to deed and mutation.
Guest
(Expert) 29 July 2017
Property in her name makes her the absolute owner irrespective of her income.What is your problem
bikkrambhandari8088
(Querist) 29 July 2017
Actually she wants to gives her property to her daughter through a registered gift deed , but as she is a house wife and don't have any source of income then how can she is the absolute owner of that property? In that situation can I claim my share as I am her son? If she denie then can I take any legal step on her in court?
Guest
(Expert) 29 July 2017
An absolute owner of the property could make any decision of her choice and no body else would have any legal right to make any claim
Guest
(Expert) 29 July 2017
Being her son you could make an humble pleading to her regarding your request
Guest
(Expert) 29 July 2017
Welcome please...........................................
Kumar Doab
(Expert) 29 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 29 July 2017
Title holder is owner.
Owner can dispose his self earned/acquired property in his/her life time in anyone's favor by a valid/registered deed.
Kumar Doab
(Expert) 29 July 2017
In case of Hindu woman nature and source of property matters........
Hindu woman can dispose her absolute/self acquired property in her lifetime by a valid/registered deed say; Gift deed in anyone's favor.............................
Son (you) has NO forced share in it.
Gift for immovable property has to be registered.
It is without consideration.
Gift is complete the moment it is given by donor and accepted by donee....and confer immediate ownership.
Kumar Doab
(Expert) 29 July 2017
Serve your mother sincerely, honestly and she may gift you and shower you with her blessings...............
bikkrambhandari8088
(Querist) 29 July 2017
But who invest fund to purchase that property, not an issue? For a house wife who haven't any source of income how it is possible to purchase a property? Strange..!!!!!
Rajendra K Goyal
(Expert) 29 July 2017
She is owner of the property, she can sell / gift / mortgage / bequeath a will for her property, no one can object.
If the property is in her name it is immaterial she is house wife.
However, how are you concerned?
Guest
(Expert) 29 July 2017
You could have No Legal Objection if your mother gifts it to any one,.as advised earlier an humble pleading to your mother on saying please could help you.
Advocate Bhartesh goyal
(Expert) 29 July 2017
Your mother is absolute owner of questioned property and she has every right to transfer the property by way of gift /sale/mortgage or any other mode.No one can legally object on her such action.
Kumar Doab
(Expert) 29 July 2017
Are you suggesting that you invested the funds?
It is your mother's absolute property and she can dispose as it pleases to her in her life time.
Serve her and you may get gift and blessings, as already suggested.
bikkrambhandari8088
(Querist) 30 July 2017
One last question is this property consider as a benami?
Dr J C Vashista
(Expert) 31 July 2017
Very well advised by experts, I endorse.
The property cannot be considered as Benami.
By the way how you are concerned with this academic question/ moot court topic? Did you discuss with your tutor?
You are adequately advised nothing more to add, don't stretch it any more and stop this thread.
