your mother and sister can execute gift deed to transfer their share in property inherited by them in favour of your 4 brothers
Transfer of ancestral property
We are five brothers and one sister. My father died in year 2006 and mother is still alive. And recently, my sister and mother transfered their share in my father's property to my four brothers. So, i want to know if it is legal what my mother and sister done ? Can i challenge their decision in court ? Is law permits my mother and sister to transfer their property which they inherits from my father ?
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1. Your mother and sister are the legal heirs of your demised father and can claim there share of your deceased father's properties.
2. They have all the legal right to deal with their shares of your deceased father's properties including conveying the title of their shares in favour of your four brothers.
3. Their said act is absolutely correct legally which will be helf as valid by the Court of law if the said transfer has taken by executing and registering a deed of conveyance.
There is no legal infirmity in your mother and the sister transferring their shares in favor of your other four brothers.
It is legally valid.
Your challenge may not be maintainable.
Your mother and sister were at liberty to transfer their share to anyone they desired. There are no fetters on the right of a co-sharer to transfer his share to another co-sharer.
