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 8 years ago in Property Law
Religion: Hindu
Mother has proper agreement- share certificate on her name and she wants to make the gift deed on younger son. or sell the flat and give entire amount to younger son. Can she do that without elder son interfering? and what will be the gift tax if she sells the flat and gives the money to younger son. or suggest another way to have younger son get all the benefit from his mother.. Please mention the clause under which this can be done legally.
Asked 8 years ago
