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Manjunatha   22 September 2017

Gift deed from mother to son is objectionable by daughter?

Hello, 
My Mother is having a plot 35X55 in her name which is own earned. Not ancestral property. Now she wants to register on my name as a gift deed. I have one sister. If my mother register it on to my name as gift deed without informing my sister, will it cause any problem in future? Is my sister or her kids be able to raise any case in future? Please suggest whether my sister's or her kids (Minor) consent is needed during gift deed registration or not?

 



Learning

 8 Replies

Siddharth Srivastava (Advocate)     22 September 2017

Mother is free to make gift of her choice and neither daught nor son can raise any objection in this regard. No consent of any body is required to make a gift by mother.

1 Like

Manjunatha   22 September 2017

Dear Sir, Thanks for your quick reply.

Kumar Doab (FIN)     22 September 2017

It is believed that you are all Hindu.

Confirm!

1 Like

Kumar Doab (FIN)     22 September 2017

You have posted that it is your mother’s self earned/acquired property and title is on her name.

She can dispose the plot by her sweet will in her life time by a valid/registered deed in anyone’s favor and without any need of anyone’s consent.

1 Like

Kumar Doab (FIN)     22 September 2017

The gift of immovable property should be mandatorily registered.

GO thru:

REGISTRATION ACT, 1908;S;17

https://dolr.nic.in/Acts&Rules/RegistrationAct%281908%29.htm

The gift is complete once it is gifted by done and accepted by donor.

After the gift deed is registered submit to O/o Authority under whose jurisdiction property falls e.g; MC and get the plot mutated in your name and obtain copy of latest/updated mutations.

 

The donor can approach court of law if gift was under coercion, fraud.

Court alone can revoke the gift.

1 Like

Manjunatha   22 September 2017

Yes, Hindu.

laxmi kant joshi (instructor)     22 September 2017

As the property is in the name of your mother and the same is self earned by her then she has all the rights over it nobody's objection can be entertained by the court she didn't require to take any noc or permission from her daughter and from her children , she can gift you her property .
1 Like

Kumar Doab (FIN)     22 September 2017

Hindu woman can dispose her entire estate/property in her life time by a valid/registered deed as posted in previous posts.

 

Her legal heirs (other than donor) can approach court however courts shall decide on merits.They have the right to approach.

If mother has gifted in her life time by appearing in person before registering authority then it itself is a merit that court may not ignore.

 

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