How can my mother give a share in property to my younger bro


My mother is willing to give her part of share in property to my younger brother by the way of gift deed. 

Now i will like to give some info about the case. 

I got separated from my brother taking my share in property in back years. He made a document in that just the matter stated that I took my part of money from the said property and i have no title on the said property. 

as said above my mother is giving her share to her younger brother can she give without my consent? 

Will it be necessary that i have to be present before registrar in getting gift deed registered? 

And if she can give the share to younger brother will that gift deed be registered if i dont be present while the registration of gift deed before register??

 
Reply   
 
Advocate

Sir, 

 

If she is giving only her part of the property, then why would you be required for the transfer. If your share is involved then your presence is required. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 
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legal advisor

The share your mother holds is her absolute property and she doesn't need your consent nor presence when she makes a gift
 
Reply   
 

The thing to note here s is the property ancestral... Where did she got the property u can pm me for further details
 
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legal advisor

Even if the share in ancestral property gets into a woman's hand it becomes her absolute property
 
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thanks everyone for your reply. But my mother havent got her share by her own "Earned" money.

for example i purchased a flat and i added my name but i even added my wife's name in flat that dosnt mean that my wife is the 50% owner of flat.

in my case as my mother got the ownership in a good faith she can enjoy the property but i the legal heir of her so how can she give her part of share to my brother without my consent?

And non of the documents were registered by my brother when i was seprated. So is fine to run the case on the basis of those unregisted documents? 

 

 
Reply   
 

if the property is on her name, she can give it to whoever she wants, it doesn't matter how she got it and she has the absolute rights. 

 
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