My Mother's mother (so grandmother for me), written a No objection affidavit and Gift deed to transfer the property to my mother,which is on her name, actually it is our property,we have been living there since 30 years but in the young age of my mother and father they have written my Grand mother name for the sake of security.
No objection affidavit and Gift deed written in 2016
My grandmother passed away in 2017
My mother is there.
So can we directly transfer the property on to my mother name without their siblings interference.
As per your query it is understood that you need information regarding the property and the gift deed.
Basically, it is a property on the name of your mother, i.e., property belonging to married women will be their absolute property in which they have full rights to dispose the same in any manner and to anyone of their choice as per desire without taking anyone's consent including her husband or children. If this gift deed was executed by your mother in a normal status i.e., without any pressure and in a sound mental health, this can be considered as a valid document.
Under section 17 of the Indian Registration Act, 1908, the “instruments of gift of immovable property" is a document that needs to be compulsorily registered. Section 49 of the Registration Act inter alia states that no document required by section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall affect any immovable property comprised therein unless it has been registered. Thus, if the gift deed is not registered, it can be challenged by your siblings.
Hope it helps!
Regards,
Anusha Singh
