Sir if brother has no child and already separated from wife with a decree of the court. then you and mother are joint owners of the property and the mother can make a gift deed to you or your daughter or whom so ever she want for her 50 percent share further she can also make a relinquish deed in your favour as you are co-owners.

for rest 50 percent you are owner.

Further file an application before municipal department with the copy of Death certificate of father brother and divorce decree to mutate the land in name of you and your mother. Then the above mentioned deed can be made.

All children and your mother will get equal share and if your elder deceased brother did not take legal divorce from wife then his wife will be entitled to his share.

As the property will 1/3rd belong to your mother your mother can gift only this much.

on demise of father your mother has one third share in flat

2) your brother share will devolve on your sister in law

3) mother can execute gift deed for her share in property

Dear Client,

You and mother are equal 1/2 share holder of property.

Is your brother divorced ? If not than his wife will inherit his share i.e. 1/3 and rest 2/3 between you and mother.

Mother can Gift her share to any of her choice.

The flat right will devolve on your mother, you, and children of predeceased son, in equal proportions

How many children you brother has?

Depending on that, the share of your mother, your share and that of the children of your deceased brother, can be determined

Your mother can make a gift deed of only her share and not the entire flat

1. Property was SELF-ACQUIRED, by your Father and now there are Three Legal Heirs: Mother, Elder brother (expired) and Yourself. IF Father did not execute any WILL, THEN all Three are entitled to EQUAL share in the Father's property. Conclusively all three have equal rights (1/3rd each).

2. IF Elder brother's Wife is only separated (not divorced) THEN she (as Legal Heir) /children will get 1/3rd share in the property. IF properly divorced, THEN she gets nothing.

3. Mother gets 1/3rd share in the property.

4. You get 1/3rd share in the property.

5. The above can be mutated, without going to Court, by executing a Stamp Duty paid Registered Family Settlement Deed, with proper strategic clauses, which will legally have futuristic Clear-Title for all purposes. The said Deed has to be given to the Revenue Dept /Municipal dept., for proper mutation on the base of the Deed.

Keep Smiling .... Hemant Agarwal

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.

1. Your brother had got the Court order for mutual separation or got a decree of divorce? Answer to this question is very important.

2. If your late brother had avail the decree of divorce then his ex-wife can not claim any share from the inherited property of her ex-husband and in that case the property of your late brother will be inherited by your mother only being his class -I legal heir for which she will be able to register a gift deed in favour of any body she feels like in connection with the said flat of your late brother.

3. If your brother had availed a Court order for mutual separation from his wife then she stays as his wife till his death and is considered as his widow after his demise. In that case she, along with her children and your mother, will equally inherit the share of your late brother's properties. In the said instance, your mother will be able to register a gift deed in favour of you and/or your children in connection with her share of your late brother's properties only and not the entire flat.

Hi,

You approach the registrar office for mutation and get it done. Then you may take whole property as gift to you or your daughter.

Hello,

The property has to be transferred in your mother's name and after that she can gift the same to you .

Regards

If this property is in the name of your deceased father by a registered deed, and if he is reported to have died intestate then the property shall devolve equally on all his legal heirs.

If your deceased brother's marriage was not dissolved legally then his wife and the children if any shall be entitled to one equal share in the property if the property is divided into three equal parts as per law.

The property shall be divided equally into number of shares and allot one such share to each shareholder.

Your mother can execute a registered gift deed to you or your son or to anyone of her choice and desire in respect of her share in the property.

She cannot transfer the entire property to anyone.