My mother has made a gift deed to my brother without my knowledge. He says that since I am married, I am not a legal heir. Also, when I spoke to my mother she told me that my brother told her that if she doesn’t gift the house to him, he will not look after her. They did not ask me if I wanted to look after my mother, but told her that I won’t be able to look after her as I am married and have a different family name. Can anything be done here for me to get equal rights in the property?
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Once gift deed is executed duly stamped and registered your brother would be absolute owner of the house
2) if your mother was forced to execute gift deed she can file. Suit to set aside gift deed on grounds of coercion
3) seek injunction restraining brother from creating third party rights on the flat
4) in alternative move senior citizen tribunal to set aside gift deed
5)being married does not disentitle you to inherit property on mother demise intestate
It appears that your other is the sole owner of the property which she has gifted to her son.
if that is so then she being its exclusive owner can give this to anyone she chooses and none of her legal heir can raise any opposition to it.
So you can not force her to give you something which she is reluctant about.
See if property is in name of mother and she has freely made a gift deed in his favour then you have no right over it. Only option is mother can file for cancellation of gift deed under section 23 Senior citizen maintenance and welfare act on ground your brother is not taking care of her. There is no remedy to you available.
Till your mother is alive, neither you nor your brother are her legal heirs
You both are only her presumptive heirs
Mother doesn't need to take consent of her children to transfer her own property
Your right in the property would accrue only after demise of your mother, as her legal heir, provided she had not transferred the property by Will to any stranger or person of her choice or by any mode of transfer like gift
1)If your mother is sole owner of said property then she can transfer the property through gift to anyone.
2)If it is ancestral property then you can claim your share.
3) incase if your mother died without will then all legal heirs class 1 get equal share in property.
First of all nobody has any rights in your mother's property.
She can transfer her property to anyone of her choice which cannot be challenged.
Hence you cannot claim any rights in her property.
1) If its ancestral property than you mother can't gift property to your brother as whole. the property will first get divided equally among all legal heirs than you mothers share can be gifted as its her on rights in her share.
2) If the property is self owned by you mother than you can't ask for share in it. Its her wish to whom gift the property.
Dear Client,
In her life time, she can give her property to any. GIFT deed valid of her self acquired property. IF you can convince her than she have to file application in senior citizen court to revoke gift deed executed under influence and false promise to maintain her. She must be above 60 years.
