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miteshgurjar (owner)     13 July 2013

Transfer of property from mother to son

good morning sir,

i wanted to know, what type of deed is executed in the below explained condition: as per hindu law,

prop[erty of widow Mother  (alive) having  two daughters and three sons,

two daughters both married 

 three sons, out of these one is staying with mother  ie: son no 1,

second son  is is leaving seperately ie: son no 2,  


third son mother gave to her brother in law (ie brother of husband) AS Adoption ie: son no 3.

now mother has an property in rajasthan and second property in mumbai,her desire  is to give the


1)mumbai property (which was purchased by her husband , The property is landlord ship and not owner ship) transfer to son leaving with her .  ie son no 1


2)the property of rasjasthan (which was purchased by her husband) she wants to transfer it to her son no 2 ,  

By this the son No 1, will have no Right on Rajsthan Property   and  Son no 2 will not possess any right on mumbai property.  


son no 3 who is adopted by her brother in law have no objection in the above terms

neither the daughters have any objection for the above decission .


can she change the decision once the deed is executed

can son no 2 challenge or demand rights in the mumbai property and viceversa

son no 1 demand rights in rajasthan property 


after the death of MOTHER even after the deed is executed

thanking you all 
mitesh jain 


 4 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     13 July 2013

She can make a will deed. She can make a gift deed. Any one of these two. In the former case, the will deed will come into operation after her death and till then she can change the terms of the will as many times as possible. If she makes a gift deed, then she cannot modify the terms once the deed is registered and after registration the sons cannot claim right in the property given to other son. 

1 Like

2BHelpfull (Other)     13 July 2013


1)mumbai property (which was purchased by her husband , The property is landlord ship and not owner ship) transfer to son leaving with her .  ie son no 1

if mother is landlord then she can trf by will or gift to her son .
but if she is tenant then she cannot trf the flat to her son.only landlord can trrf the flat in her son name
According to Maharashtra Rent Control Act.:-, upon demises of any tenant, the tenancy right will devolve upon the person who was residing with the deceased tenant as his family member at the time of his death.

rentent  property cannot be trf by will of tenant.


if the property is self purchased  then no NOC from anyone is needed otherwise NOC from other hier is needed.

"""can she change the decision once the deed is executed"""

in Will she can change her decision anytime and her LAST WILL will pervail .

1 Like

miteshgurjar (owner)     13 July 2013

thank you  sir 

means a gift deed is far more reliable and 

can i make it a gift deed cum power of attorny in the favourable person  accepting the  gift deed sohe can change the name and details at the conserned athourity

yes the property is landlordship and the mother is tenant in that property

but the rajasthan property is ownership  we do not have any documents  related to that property except the light bill and water bill

so how can i transfer the rajasthan property to son no 2.

2BHelpfull (Other)     13 July 2013

 mother is tenant, then she cannot gift or write will of such property,

for rajasthan property make a appplication to municipal for getting 7/12 copy

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