My Father bought a plot of 2000 st.ft. in Haridwar, Uttarakhand State with his name. He dead in 2004 without any will. We are two brothers (married), three sisters(married) and mother. We are seeking loan on the property for constructions of House. A laywer advised us to make a gift deed in name of brothers from mother and sisters. My question is -
is it the right procedure to transfer the title of the property to the brothers ?
If your father has died intestate then you all have got equal undivided share in the property by way of inheritance and have got every right to obtain loan by making it mortgaed. There is absolutely no necessity get it transferred inter -se as advised which seems to be misdirected.
my father is retired person he purchased a land of 4.5 dec but unfortunatly it was occupied by on trsspasser who is saying that it was gifted by the first owner about 40yrs bk as muslim oral gift.But this trespasser is a hindu person.according to sareyat law he have right on the said land.In lower court we got the degree as a muslim can make a gift to muslim but here a muslim to giving oral gift to hindu which is not liable but unfortuantly the tresspasser filed a stay pitition in high court kolkatta and due to my father was sirious in IC ward the order was stayed,And now we filed 2nd appeal since 2005 due to 2nd appeal the case is pending.My question is that how could 2nd apeal matter can be picked in hearing as my old father n mother are desrving lot.2) nxt question is that-is muslim oral gift to hindu lies or not?if no then by which law and code pl sugest in urgent basic-thanking ur favour my mail id-smart firstname.lastname@example.org