• Selling of plot which was converted to Gift Deed

My friend purchased an open plot in the year 2010 but unfortunately he expired in the year 2013. So my friend's father executed a gift deed with Donee (DE) being my friend's mother and donor (DR) being my friend's father. Now in 2016, my friend's father who owned the plot after the gift deed was executed also expired. In such a scenario, who would be the owner of the plot. My friend was the only child and he doesn't have siblings. My friend and his father have expired. So, now will the donee becomes the owner of the plot automatically? My friend's mother wants to sell the plot and we would like to know if she becomes automatic owner of the plot as children and husband are dead. Even my friend's father has no brothers.

Please confirm whether my friend's mother can sell the plot or is there a process that needs to be followed before selling the plot? If yes, please let us know the process and procedure.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Firslty, yes she is the only owner now and property come to her automatically.

Secondly, though the possession is with her, but I am sure that the property is still on either father or son’s name.

Thirdly, there is no need to get it transfer to her on name till the time she doesn’t wish to sell.

Fourthly, but if she wants to sell then she needs to take the succession certificate from the court, and then she can sell the same to anyone.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. I assume that your friend acquired the property through a registered sale deed.

2. If that is so then after his demise, his legal heirs would be entitled to the flat. I assume he died without being married. So his legal heirs would be his parents.

3. Since his father has also passed away, the mother is the only legal heir who becomes entitled to the property exclusively.

4. In order for the mother to sell the property she will have to apply for grant of Letters of Administration from court. (I assume no Will was left by either your friend or his father)

5. The mother herself can apply to be appointed as administrator

6. Once letter of Administration is granted she can simply transfer the property from herself, in capacity of administrator, to herself, in her individual capacity.

7. The above transfer will need to be done with permission from court which she will easily get as there are no other legal heirs left.

8. Once LA is granted and transfer deed is executed, she becomes owner of the property and will be able to sell.

9. Meanwhile she can simply enter into a MOU with proposed buyer and take some token amount and balance can be agreed to be paid by buyer once the mother gets the property transferred to her name.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The property that was purchased by your friend after his intestate death devolved upon his class I legal heir, i.,e., his mother.

There was no necessity for his father to execute a gift deed of this property to his mother when she automatically becomes the owner or successor in interest being class I legal heir, his father is not class I legal heir.

Even now she is the absolute owner of the proerty by the virtue of being class I legal owner of her deceased son.

She can mutate the property on her name and can sell it to anyone of her choice since she has clear and marketable title to the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

See first of fall rhe gift deed is not valid as such because of the reason being that on demise of your friend both mother and father were legal heirs if friend was not married.

Since now friends father has also experied her mother is sole owner of the property since there is no claim or objection on property see can file for mutation of property letter of administration wont be requiered.

She can file application of mutation along with death certificate of son father along with property documents family rasan card and affidavit.

After mutation on property it shall be transferred in her name she can freely sell property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)onn demise of friend his parents were his legal heirs

2) father executed gift deed for his share in plot in name of mother

3) mother would be absolute owner of the plot

4) mother can sell the plot . mutation of plot has already been done in mother name after execution of gift deed by father

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir property under gram panchayat with requisite above-mentioned documents file mutation application in the jurisdictional revenue office the mutation will be done it will take around 45 days to complete procedure hire a local advocate there he shall complete process for you at nominal fee.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. I somehow am not be able to see the document which you have uploaded

2. Anyway, even if the mother was donor and she gifted the property to father; after the father's demise, she being the widow and only legal heir, becomes entitled to that property exclusively, since there are no children

3. So the gift deed is inconsequential

4. Even if the property is in gram panchayat, they will require a letter of Administration by the mother to be obtained from court, for mutating her name in the property ownership records.

5. However sometimes there are buyers who do not insist for letter of Administration and instead issue a public notice inviting objections against the sale of property by the legal heir not having a letter of Administration

6. If no objection is received in response to public notice then the sale can go through. But it may again get stuck with the registration office since the registrar will insist for a letter of Administration before registering the sale document

7. So therefore buyers always insist for letter of Administration if the property is being sold by a legal heir of deceased owner

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

In both the cases your friend's mother is a class I legal heir.

She has full rights to get the property mutated in her name.

She can submit an application for this before the concerned revenue department.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

We did not find any documents uploaded by you

2) mother has to apply for mutation of property in her name

3) enclose father death certificate . Latest receipt of payment of property taxes

4) if no objections are received mutation would be done in her name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dosen`t matter who is donee, Mother is first class legal heir.

Gifted property is already her personal property, and rest property of her husband by inheritance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

1) The mother will succeed to the properties of the friend as CLASS I heir to both her husband and son as per Section 8 of Hindu succession act.

2) For mutating the property in the name of the mother , she should apply for Family member certificate to the Mandal Revenue office by submitting the following:

a) Death certificate of her son.

b) Death certificate of her husband

c) Her marriage certificate.

d) Ration card if applicable.

Please note that Mutation in revenue records does not tantamount to title.

Ideally She should get the succession certificate through Court after obtaining family member certificate from MRO ( as she is the sole surviving legal heir of both her son and husband) and then sell the property to the third person.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Your friend's father can get the plot transfer in his name on the basis of gift deed in his favour after payment of requisite stamp duty that will provide his title of the property.

As the mother is the legal hair and she is also the widow of the father see atomatically gets property title right on the property and she can get the title transferred in her name on the basis of death certificate of his husband after that she can sell the property or transfer the property as per her wish.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If the property is not registered or does not have any legal heirs, by default wife will become legal heirs of that property or can revoked the gift deed either.

Section 123. Transfer how effected.

For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

Section 126. When gift may be suspended or revoked.

The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.

Nothing contained in this section shall be deemed to affect the rights of transfer

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

Your friends mother is the absolute owner as per following law. Ask her file application with Gram Panchayath there is no need to got the court as every other person died in the family.

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RULES FOR TRANSFER OF PROPERTY IN TELANGANA STATE

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https://www.wikiprocedure.com/index.php/Telangana_-_Obtain_a_Legal_Heir_Certificate_(Succession_Certificate)

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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

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Devolution of Interest in Co-parcenary Property

Section 6 as substituted by the Hindu Succession (Amendment) Act, 2005.

Section 6(1) provides that w.e.f. 06/09/2005, in a joint Hindu family governed by the Mitakshara law, the daughter of coparcener shall by birth become a coparcener in her own right in the same manner as the son. She shall have the same rights in the coparcenery property as she would have had if she had been a son and she shall be subject to the same liabilities in respect of the said coparcenary property as that of a son

Section 6(2) of the new post amendment section 6 provides that any property to which a female Hindu becomes entitled by virtue of sub section (1) shall be held by her with the incidents of coparcenary ownership. And property is capable of being disposed of by her by testamentary disposition.

Section 6(3) provides that

– Where a Hindu dies after the commencement of Hindu Succession Act 2005, his interest in the property of joint family, Shall devolve by testamentary of intestate succession.

– As the case may be, under this Act and not by survivorship, & the coparcenary property shall be deemed to have been divided as if a partition has taken place and, daughter is allotted the same share as son.

The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre¬deceased daughter. [—- do — with the predeceased child of pre-deceased son or a pre-deceased daughter].

Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or great grandson for the recovery of any debt due from his father, grand father or great grand father.

Explanation to Section 6(5) provides that partition for the purposes of this section means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.

Section 6(6) provides that nothing contained in this section shall apply to a partition, which has been effected before the [deleted].

Class I heir

– Son

– Son of Predeceased son.

– Son of Predeceased son of Prede¬ceased son.

– Widow

– Widow of Predeceased son

– Widow of Predeceased son of Predeceased son

– Mother

– Daughter

– Son of Predeceased Daughter.

– Daughter of Predeceased Daugh¬ter.

– Daughter of Predeceased Son

– Daughter of Predeceased Son of Predeceased Son.

– Son of Predeceased Daughter of Predeceased Daughter.

– Daughter of Predeceased Daughter of Predeceased Daughter

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. SINCE the deceased Friend was the registered Title-Owner of the plot and he died without making any will, Legally the Father & Mother CANNOT mutate the property via any Gift deed, without the Court decree (Letter of Administration /Succession Certificate).

2. ANYWAYS, presently the Mother may sell the property, by executing a irrecovable indemnity bond favouring the new Buyer, undertaking all liabilities that could ("IF" at all) arise from ANY known or unknown claimaints of the property of deceased friend. This bond, MUST be annexed with the new sale deed document, during registeration process.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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