my mom has transfer her share of flat to me by gift deed but my brothers are not ready for that
can they challenge registered gift deed?
Asked in Property Law from Mumbai, Maharashtra
if your mother is absolute owner of flat she can execute gift deed in your favour . it is necessary that gift deed be stamped and registered .on gift deed being executed title to flat passes on to you . your brothers are at liberty to challenge the gift deed but chances of success are bleak .
Hi, if your mother has absolute owner of the property she can made a gift to you provided gift deed has to be registered before Sub- Register.
If your mother is the owner of the flat then she is at liberty to transfer it to any one she desires including to a total stranger. Her right to transfer the same cannot be questioned by your brothers inasmuch as she does not need the consent of your brother to transfer it. After the transfer is made the ownership will stand transferred to your name. The transfer cannot be challenged now by your brothers except by showing that she had no authority to transfer the flat, or that the deed is illegal.
She can gift the property to you by way of registered gift deed, only if it is her self acquired property.