• My mother gifted an property

Hi Team,

My mother gifted an property to me alone last month which was an gifted property to her by my grandmother ( granny owned that property). We are two children's to my mother, I have an younger brother. 

Question:
1. Will my brother has an right on gifted property.
2. Do I need to take any signature from my brother to avoid disputes in future. If yes on which what are the procedures..
3. I also committed to give my mother an rent of one portion from the rented property. Notary signed on 200 bond paper with on one agreement to void the gift deed, if I refuse to pay the rent. Will it have any impact for me in future.

Looking forward for your suggestions.

Regards
Girish
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1. If the irrevocable Gift Deed executed by your mother in your favour is adequately stamped and registered in the jurisdictional Sub-registrar's Office, then it will be in order. In that case, your brother will not have any right over the property.

2.  No need to take signature of your brother, if Sl.No. 1 is satisfied.

3.  Notarised agreement cannot void the gift deed.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

your mother is the absolute owner of the property. the property which she hold is inherited property.  she can gift the property to any body to her wish and wil. 

Signature and Consent not required. 

the document legally binding, and the document is able to hold up in court. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

1. No brother has no right over gifted property.

2. No signature from brother is required.

3. mother can file for cancellation of same vide Senior Citizen act if you fail to maintain mother.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1. No you brother will not have right on the property gifted to you by your mother. 

2. No signatures of your brother are not required because the property is considered as self acquired property of your mother and she can gift the property without consent of her child. 

3. Yes if you violate the terms and conditions of agreement then it can create dispute between your mother and you.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

Brother has no rights on gifted property 

2) you don’t need your brother signature 

 

3) un registered agreement is in admissible in evidence 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

It is not ancestral property 

 

2) property which has remained undivided for four generations is ancestral property 

 

3) in your case once grandmother executed gift deed in favour of mother she would be absolute owner of property 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

In India, a registered document (including a will) can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge..Therefore the general rule on who can challenge a document is that, those persons whose rights, title or interest are directly affected by the document can challenge the document. 

If your mother is the absolute owner of the property, then she can Gift the property .If she done the same no body has right over such property.Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee . Donor cannot unilaterally cancel the gift. It has to be done only with the consent of donee

In such a situation no need to take signature or Consent of brother .That a conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.

Notarised agreement cannot void the gift deed.

Ajay N S
Advocate, Ernakulam
3155 Answers
64 Consultations

5.0 on 5.0

If the same is her self acquired property then brother has no right. No signature is required if he is not a legal heir for the said property. Yes she can recover the rent from you legally. 

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

if property is transferred through Gift deed. Will, till the mother is alive, children will have no right on the property.

After her death, they will have right on property. Further she can sell the property without their consent

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

1. In your mother's hands it will be treated as her self acquired property. Hence it will not be considered as ancestral property.

2. Being your mother's self acquired property, it's her prerogative to take any decision regarding the property, including gifting it to you.

3. In view of the above observation, your brother does not hold any right over the property, which was your mother's self acquired property in her hands.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

No mother is absolute owner brother has no right on same.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Dear Client,

As per facts,

1). it is not an ancestral property so your brother not right over on the gifted property. 

2). No need to signature for renunciation (Hak Tyag) from your brother.

3). Yes, it will have an impact for you in future, because you did an agreement that I will give to my mother a rent of one portion from the rented property.

Also, Your mother can take back you're the gifted property at any time as per law under Transfer of Property Act, 1882.

 

You may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
87 Answers

Not rated

NO

No

NO

It`s self acquired property not ancestral. 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

No your brother doesn't hold any right as the property will be considered as self acquired property of your mother because it is gifted to your mother. 

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

1.  If your mother transferred the property by executing as registered gift deed, then you shall become the absolute owner with clear and marketable title to the property in which your brother cannot claim any share as a right.

2. Legally, it is not necessary.

3. If you dont comply with the conditions then your mother can take back her property as per the latest rulings by supreme court that the aged parents can retrieve the property if the conditions are breached.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

This is not ancestral property either to yo or to yor brother.

Once the property was transferred to your name by a registered deed, it becomes your own and absolute property hence your brother cannot claim any rights over it.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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