How to challenge the gift deed ?

Querist : Anonymous (Querist) 16 May 2024 This query is : Resolved
My late mother was living with my family at Mumbai but unfortunately due to some misunderstanding she stopped contact with us and left with my youngest sister who was residing in Tamilnadu and expired in a orthopaedic hospital. I attended the final rites in the village with my younger sister from Mumbai since I was not in good terms with my sister, one of the relatives informed me that my late mother was suffering from lung cancer. Now my youngest sister with his family has entered my house for the death anniversary of my mother and sent legal notice to vacate my family mentioning that my mother has gifted her my current residential property which was in my mother's name.But I and my youngest sister had no idea of the registered gift deed please guide us to avail the Medical certificate of cause of death

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kavksatyanarayana (Expert) 16 May 2024
Do you want the cause of death certificate of your mother or regarding the house property? Your query is not clear to me. If your mother gave the house to your sister, could you get a copy of the document from the Sub Registrar Office concerned? If your mother executed a gift deed in favour of your sister you can not do anything as your mother owns the house.

T. Kalaiselvan, Advocate (Expert) 16 May 2024
You can get the discharge certificate from the hospital where your mother took treatment and breathed her last.
As her son and one of the legal heirs you can give an application to the hospital and obtain the medical certificate mentioning the cause of death.
If the property belonged to your mother by a registered deed then she becomes the absolute owner of the property hence the transfer of property by executing a registered gift deed in favor of your sister is very much valid.

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