asim jana (accounts head) 02 December 2013

Gift deed

Dear Sir,

Mr. X (father) & Mrs. Y (mother) purchased land measuring 4 cottah ( 2 cottah each.) in their individual name in 1992. X (father) died on 1999. X (father) and Y (mother) has 3 children. A (elder Son), B (married daughter), C(son). A (elder son) died on 2005. A (elder son) do not have any wife/children. presently a house situated on the property which is on the Y (mother) land (90%) and the balance 10% on the X (father) land. Now Y (mother) gifted her individual property to C (son). And also Y (mother) gifted the share on X (father) property. After registration the gift deed can B (Married daughter) claim any share of Y (mother) property? In the x (father) property how much share she will get? Does she claim on the building situated on the X (father) and Y (mother) land?

Regards,

Asim Jana

Reply Follow

2 Replies

Laxmi Kant Joshi (Advocate ) 02 December 2013

Did your father transfer his property in your mothers name if not and your father died without making a will then your mother has no right to make gift deed for yours fathers property, there should be three equal shares and your mother has right over 1/3 share of your fathers property, you and your brother also have 1/3 & 1/3 share on your father property .

asim jana (accounts head) 06 December 2013

Father did not make any will. In the father's property Mother has only 1/3 share. But Elder son's (died on 1995) 1/3 share, who will be owner? Can daughter claim any share from mother's property?

Regards,

Asim Jana