My father died inestate in. 2019 and property was transferred to my mother name by way of nomination by the society. Having her name endorsed on the share certificate based on nomination she claims that she is the owner of property. She further states that she has inherited the property from her husband by way of inheritance. I think this is absurd and incorrect.
She executed a gift deed in favour of her grandson (son's son) in 2020 without the knowledge and consent of other class 1 legal heirs. It was the self acquired property of my father
I remember during his life time my father had taken affidavit from the siblings (3 daughters and 1 son) which is notarised for relinquish of right in property. However the same is not registered in the sub-registrar office.The contents of the. same is attached herewith. Based on this, she gifted the property to her grandson (son's son) without the consent of class 1 legal heirs.She thinks this affidavit has given her the right to excercise gift deed. It is a conspiracy between the son and mother. As per my knowledge if the father died inestate the propert shall devolve on all his legal heirs. Hence the gift deed is invalid and illegal. Is the affidavit valid as it does not meet the requirement of Section 49 of the Registration Act which says that right on property cant be reliquished on non registered consent affidavit. Based on the above I hold 20% share in the property. Can I file a suit of partition and oppose the gift deed as void.
Please advise.
