• Legal opineon

Sir
my father purchased property in the name of my mother and my father expired and my sister married
and the marrage expences or made by me and gave her all jewells belongs to my father& mother including mine, now my mother gift deed the property for me weather my question is any rights to my sister about property 
she is a witness in gift deed
Asked 7 years ago in Civil Law

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3 Answers

1) i presume your mother is an housewife with no source of income

2) if so property bought by father in her name would be for benefit of joint family

3) on father demise your sister could have filed suit for partition to claim her one third share in property

4)if mother has executed gift deed in your favour duly stamped and registered your sister can file suit to set aside gift deed as mother was not absolute owner of the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Since the proeprty was purchased in the name of your mother she will be treated as its actual and sole owner.

In that event she can give this proeprty to anyone she chooses.

So better get a gift deed registered in your name and once that is done your sister cannot challenge it anymore in future.

After the gift deed you can raise any constructions therein.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since the property is in your mother's name, she is the absolute owner of the property.

Hence the gift deed executed by her shall be legally valid and indisputable.

Your sister cannot claim any right or object the gift deed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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