Right on gift deed

Guruprasad (Querist) 18 July 2021 This query is : Resolved
Hi All,

Thanks for guiding continuously public. My mother in law received her share from their brother as gift deed and she is passed away now even her husband (My father in law) is also passed away. My wife and my brother in law are only 2 legal heirs. Is my wife has right on that property which was gifted to my mother in law from their brother and how can we get registered.

Do we need to go to court or registration office as part of partition deed if my brother in law (My wife's brother agrees to give my wife's share)

How much time it may take to get register as part of partition deed or registration.

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Quick Summary

Following the passing of your mother-in-law and father-in-law, your wife and her brother are the sole legal heirs to the property gifted to your mother-in-law. As she passed away intestate (without a will), your wife has an equal share in the property alongside her brother. You can resolve this amicably by executing a partition deed, which can be registered at the Sub-Registrar's office, potentially within a single day, especially with your brother-in-law's agreement.

kavksatyanarayana (Expert) 18 July 2021
If your motherinlaw died intestate, then your wife has also the right to an equal share with your brotherinlaw. so amicably settle the issue.

Advocate Bhartesh goyal (Expert) 19 July 2021
Your wife and your brother in law have equal share and rights over the property left by your mother in law intestate.your wife and your brother in law may execute a partition deed and get it registered in Sub Registrar office.Registration of partition deed may be done in a single day.

Dr J C Vashista (Expert) 19 July 2021
Well analysed, opined and advised by experts, I agree and appreciate.

Both (sister and brother) has equal share in the intestate property left behind by their mother who may make a settlement deed, get it registered (which is optional) and share sale proceeds.

Shashikant V. Patil (Expert) 19 July 2021
All learned experts are rightly advised. There is no problem absolutely as your brother in law is in favour and agreed to give your wife's share . There is no hindrance to execute the partition deed. Don't waste time, get it registered .

P. Venu (Expert) 21 July 2021
Yes, the property is jointly vested with the brother. They may execute a partition deed at their doscretion.

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