Respected Sir/Madam This is to bring to your kind information that I am purchasing a property in my wife name (60*40 old house) from a person which was gift deed to him by his mother(housewife) and mother is having 3 sons and 2 daughters(one daughter unmarried) and the property was alloted by MUDA,Mysore to mother and the person belongs to SC category and father was a retired government official (no more),kindly clarify the rights of other childrens on above said property which may arise in future and kindly suggest us to proceed with the safeway.(Note- Mother is also coming for registration for consent witness)
Hi,
You only have to check with the Gift Deed. It should be properly registered and stamp duty paid to the sub registrar office. The Gift Deed should be in the name of the person only from whom you're purchasing the property. If the Gift Deed is properly registered and stamp duty have been paid, then you can go ahead with the purchase.
1. Since the original allottee has gifted the MUDA allotted Site to her Son and if the lease period is already over, then in the Seller's hands it is his self-acquired property.
2. Even though the mother is having 3 Sons and 2 Daughters, the legal heirs have no right over their mother's self acquired property during their mother's lifetime.
3. It is the prerogative of the owner of the self acquired property to take any decision regarding the property and in the instant case she has gifted the property to her son. I hope it is adequately stamped registered gift deed.
4. Executing the gift deed in favour of her son is her exclusive right and other legal heirs cannot question her absolute right in the matter.
5. Moreover, as narrated by you, the mother is also signing as consenting witness.
1) what were terms and conditions of allotment?
2) was there any lock in period ?
3) for sale of property whether consent is necessary?
4) for sale of property by SC prior consent of collector is necessary
5) if mother had executed gift deed in favour of son he could sell the property without consent of other siblings provided there is no lock in period and prior permission of collector has been obtained
If the proeprty was allotte tothe sole name of the mother then she alone its sole owners .
In that event she having a self acquired interest in the proeprty was entitled to dispose of it in any manner she likes.
So the gift deed done by her in favour one of her sons is very much valid and the her son acquires valid title therein and the purchaser getting title form him gets clean title.
Act accordingly.
Please note if it is gifted to him by his mother it becomes his property... without documents difficult to answer such question... Please do visit me personally in mysore and get cclarification
Since the property is not an ancestral property theredore the gift deed is valid transfer and can not be challenged by the legal heirs.
Go and purchase the old house there happens to be no legal impediment.
Ask a local lawyer to get a title report for you.
Regards
first of all if you are not belonging to SC category, then don't purchase the same.
if you are also SC then you can purchase the same, no body will do anything.
This was the self acquired property of this mother and she had absolute right to pass on this property to anyone as per her wish during her lifetime.
Exercising this right, she has gifted this property to her son to the exclusion of the other children. This gift is perfectly valid and there seems to be no defect in the same.
You may go ahead and purchase this property after getting done a title search
Hi, As the property is allotted to mother by the MUDA then it is a self acquired property of the mother and thereafter she has transferred the property to her son by way of Gift. So other children have no right to claim the share in the property.
2. It is better you can take EC of the property and proceed further.
Hi, the mother is the direct allotee from MUDA . . She has made a gift deed , to his son , therefore he is the single title holder .. you can proceed with the sale deed
Dear Client,,
If the property belongs to mother, than she has absolute right to GIFT the property to any one of hes choice.
Make sure GIFT DEED is registered, than eve no right of mother is left in the property except if she files for cancellation of GIFT DEED under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
So, also involve her participation in the sale deed.
Note - Also confirm if property belong to SC category is permissible to sold to NON SC, if u r
The property allotted to the person belonging to SC community cannot be sold or alienated within a time stipulated in the conditions of allotment which would be found mentioned clearly in the allotment letter.
Even the registered gift deed executed by the mother to her son should be verified that if she is eligible to transfer the property to her son by gift deed as on the date of transfer.
Most important is that since this a property allotted to person belonging to SC community on the basis of the welfare scheme by the government, even if the stipulated conditions have been properly complied and the allottee is eligible to sell or transfer this property, it may be noted that any such transfer to a person belonging to other community other than SC community may not be valid as per law, hence you can confirm the rules in this regard before venturing into this purchase.
It is advised that you obtain a proper legal opinion from a local advocate and get satisfied about the veracity or authenticity and the genuineness of the property to be purchased.
Respected Sir/Madam With respect to above subject,Earlier mother(donor) had agreed for consent witness in sale deed but now she is refusing to sign for consent witness in sale deed due to their family issues and misunderstanding between donor and donee(mother&son),kindly suggest us what are the complications that may arise in future if we dont take consent witness of mother(donor) and the gift deed was registered in 18/10/2005 from his mother with out any conditions.kindly give us your valuable suggestions to procced with safeway
consent of mother as witness is not necessary
2) mother could execute gift deed in favour of son of her property
3) i presume purchaser is also sc category
4) i presume that there is no lick in period for sale of proeprty
5) mother legal heirs may challenge the gift deed on grounds of coercion or undue influence but they have to prove the allegations made
Whether or not the donor agrees to become a witness in this sale deed, is immaterial.
You may still go ahead with this transaction.
Just because she is consenting to become a witness to this, will not be effecting the title of the donee, who is intern selling off this property to you.
It is not necessary that the donor becomes a witness in the sale deed, there is no legal impediment if you go ahead and make the transaction.
If the mother does not becomes a witness then the legal heirs of the mother at a later stage may challenge the gift deed on the ground of coercion or undue influence, needless to say that the burden to prove the same will be upon them only.
Regards
contact for further assistance,.
You cannot force the unwilling person to sign as consenting witness, also such attestations cannot be held as legally valid.
You dont have any option than to approach court with a suit for declaration to declare the title, let the court decide your prayer on merits and on the basis of documentary evidences supporting your claim.