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Vivek (manager)     19 April 2013

Need information about gifting property

Hi

My name is Vivek. I am in trouble regarding my property. I need your advices. Please help me.

I bought a plot from my income, along with contribution from my dad and my sisters in 2007. Also I took loan of 40 lakhs and is in my name.

My dad has his own properties of which he was willing to gift it to my sisters who are married now.

Now my dad has expired and his properties come to legal heir ( My mother).

 

Now my Question is can my mother gift deed properties to my sisters?



Learning

 5 Replies

Advocate Sastry (Advocate)     19 April 2013

Please let me know whether your father has written any WILL in the name of your mother  since you said  "my dad has expired and his properties come to legal heir ( My mother)."

Vivek (manager)     19 April 2013

@Sastry,

No will sir.

Adv k . mahesh (advocate)     19 April 2013

your mother can make givt deed to your sisters and make it register 

the registratio charges applicable to state to state 

Advocate Sastry (Advocate)     19 April 2013

That means your father died  intestate (without executing any will).   In such case his property will be distribuited equally among all the legal heirs (Yourself, your mother and your sisters)... For getting the properties transferred you have to obtain  Succession Certificate from Civil Court. After this you have to get the properties transferred in your names in municipal records (This is called mutation).... Hence your mother cannot become legal heir automatically on the death of your father and as such she cannot execute any GIFT Deed..

Rajendra K Goyal (Advocate)     19 April 2013

I agree fully with the opinion of Advocate Shastri with the addition that your mother can gift only her share in the property till she is alive. After that the property will be equally distributed among all the remaining legal heirs.

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