Does my son have right to property gifted to me
My father had gifted me a property in mumbai in the year 2005. Proper gift deed was drafted and duly registered and stamp duty was paid for the same. later the said flat was transferred in my name. I would like to know if my son has any legal ownership or part ownership rights over the said property.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
once gift deed has been executed by your father in respect of his self acquired property you become absolute owner of said flat . your son has no rights on said flat . you are free to transfer , mortgage or create any third party rights on said flat . you can bequeath said property by will to whom soever you desire . only in event you die intestae would your son along with other legal heirs have any right on said flat .
In terms of the gift deed you are the sole owner of this flat. Your son has no rights in this flat during your life time. You can sell or gift this property to anyone you desire, and the same cannot be called into question in a court of law by your son. Only in the event of you dying without a will your son along with other surviving heirs will succeed to this property.
since your father has gifted the property to you, you are the absolute owner of the property that was gifted to you. till you are alive, your son is not entitled for any share. upon your demise your son become a lawful heir to your property.
Already sufficient advise above is there.
Advocate, New Delhi