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rama gopalkrishnan (Asst. manager)     09 June 2024

Gift deed by mother to son who is the second owner of flat with her son

My mother passed away in September 2020.

I had asked my brother for an equal share in her jewellery and property. Mother and brother had sold off all properties which was in the name of my father after his death taking my noc. I was told that later she would give me 50% share.

My brother does not want to share anything. I gave a letter to the Society saying her name should not be deleted without my NOC. 

Now, he has submitted a registered will from my mother that her name may be deleted after her death.

Without my NOC is the deed valid? Why this is being submitted after 4 years? 

What should I do? 

Pl. advice.

Thank you 


 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 June 2024

The contents of the Registered Will may be perused to form an opinion.  If you know the full details of the Will executed by your mother then state full facts.  Then one can try to reply.

T. Kalaiselvan, Advocate (Advocate)     09 June 2024

If your mother was the joint owner with her another son, she can very well bequeath her share in the property in favour of the joint owner, there's no illegality in it and your challenge cannot be legally tenable 

rama gopalkrishnan (Asst. manager)     10 June 2024

My mother had no ancestral wealth. All wasy father's property which has been multiplied and noonetary consideration was given to me. 

Don't I have a share in my father's wealth. She was not a working lady. 

Real Soul.... (LEGAL)     10 June 2024

The quesry is in circulation from about three years now, repeated number of times and replied in detail by memebers .

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 June 2024

You need to firstly file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter the court will issue notice to all the legal heirs and ask for their no objection, when all the heirs have given their no objection to the Will , the court will issue a letter of administration .

P. Venu (Advocate)     10 June 2024

Did the apartment originally belong to your father? Had he left the said propety intestate? If so, had relinquished your share through a registered deed? Where is the property situated?

rama gopalkrishnan (Asst. manager)     10 June 2024

My father died intestate. Properties were sold by my mother and brother and they have bought and sold many properties thereafter without any monetary consideration to me i.e. daughter. My mother was telling me she would give equal share later and she has passed away intestate. Now after 4 years of her death this son of her's is producing a gift deed to the Society to get full ownership of the Share Certificate on his name. How authentic is the deed? Where is my share? 

P. Venu (Advocate)     11 June 2024

The posting as above is too omnibus as well vague that it is impossible to make any meaningful suggestion.

T. Kalaiselvan, Advocate (Advocate)     14 June 2024

The querist is not able to let us know the actual problem neither is understanding what is suggested. 

She should clarify the details in person from her own lawyer which will be a  better suggestion now 

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