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Imran   04 August 2023

Property ownership transfer and preemptive mitigation of potential disputes

Dear Counsel,

I hope this message finds you well. I am writing to you concerning a property situation that involves my mother, my siblings, and myself.

The property in question was originally in the possession of my grandmother, who has since transferred ownership to my mother through a Gift Deed. Now, my mother wishes to register the property in my name, and I, being a Canadian Citizen with Overseas Citizenship of India (OCI), intend to build a home on this property.

Given this scenario, my query revolves around potential issues of ownership that may arise in the future, specifically with regards to my brother and sister. I am seeking professional guidance to foresee and preemptively address any future disputes, in order to ensure a smooth and unencumbered transfer of ownership.

Understanding the intricacies of property law, I am particularly interested in understanding the possible legal claims my siblings might have to the property, despite it being a gift from my mother. More importantly, I want to establish a plan that prevents any potential claims, thereby safeguarding my ownership and right to build on the property.

I kindly request you to advise me on the steps to be undertaken, or any legal documents that need to be executed, to ensure that this property transfer and future construction are completed without any interference or legal challenges from my siblings or any other potential claimants.

I appreciate your attention to this matter, and look forward to your counsel on the same



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 August 2023

This property originally belonged to your grandmother, who in turn had transferred it to your mother by a registered deed.

Now your mother is desirous of transferring the same to your name by a registered gift deed.

Please be aware that your mother is the absolute owner with clear and marketable  title to the property hence she has full rights to transfer or alienate or encumber this property in any manner and in favor of anyone of her choice.

Therefore neither your siblings nor anyone can claim any share in it as a right susbequently .

 

Dr. J C Vashista (Advocate )     05 August 2023

The property gifted by your mother is your self-acquired, which is absolutely your only. 

Kivi Assumi   05 August 2023

In addition to the expoerts responds, I would also add that such case should be viewed according to your State Land and Revenue Code.


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