• Property/Flat on mother name, taking consent from children

Hi. My father died in 1987. post that chawl into building construction agreement got done. Builder in good faith( without taking any money), asked my mother, since you have 2 flats and your husband is no more. on whose name you want to keep the flats after construction of bldg, she said one on my name(mother name) and second on my elder son name. Building got constructed in 1993 and agreement between(mothers name- builder) got done. Currently the flat which is on mother name, elder son is claiming that my mother cannot sell the flat or make a gift deed to younger son without my consent. Mother does not want to give anything to the elder son, as second flat she has already given elder son. and elder son troubling via threatening society Secretary of legal action if they give mother noc to make a gift deed. what can be done so that mother can gift the flat on her name to younger son? by the way, since 1993 younger son has been paying all the flat maintenance and property bills. 2. as well how can we stop elder son stop creating the nuisance ongoingly.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

mother is absolute owner of that flat and nobody can restrain her to use or sell or gift that flat to anybody.

if elder son has creating problem then she may file a civil suit for injunction against him before civil court or file a domestic violence case against him if he is also residing with him in same flat.

right to property is her constitutional right and nobody have right to interfering in her rights. she may also file a complaint to police or SDM of area for his nuisance and threat

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) on father demise mother , 2 sons would be the legal heirs

2) mother has already given one flat to elder son although he had only one third share in property after father demise

3) mother can execute gift deed in favour of younger son

4) she does not need NOC from society to execute gift deed

5) gift deed should be stamped and regsitered

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

mother is at liberty to sell the flat

2) on sale of flat mother has to purchase another property within period of 2 years

3) she can purchase flat in joint names of herself and younger son to avooid long term capital gains tax

4) then bequeath flat to younger son by will

.

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Here mother has already decided to give one flat to her elder son. She is now free to execute a gift deed in favour of her other son with respect to the other flat, for which she does not require the consent of her elder son. The gift deed will require mandatory registration. NOC is not required by her from the society to gift the flat.

2. She should file a police complaint against the secretary if he is threatening her.

3. If elder son creates nuisance then mother or younger son can file a suit for permanent injunction against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Neither the elder son nor the younger son has any rights in the said property that belongs to the mother alone.

It is the mother's own decision to transfer her rights on the property to anyone of her choice, nobody can force her to leave the property.

The society cannot restrict the mother to alienate the property.

The society cannot play any role in it.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The mother can sell the property on her name to anyone who plans to buy the same.

She can execute a registered gift deed in her younger son's favor.

She need not take the consent from the elder son on this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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