Mere NOC does not amount to relinquishment of share in property
2) your brother can file suit to set aside gift deed and claim share in property
BDA (Bangalore development authority) site
Sir my father was a ex-servicemen he purchased Bda site 12years back on his own but since he expired the same was transferred to mother name & it was registered in mothers name , after myself & my brother gave NOC to BDA office . That we don't have any objection the site be registered in mother name. Now site is registered in my mother name, also my mother has constructed house in that site . Now my mother has done gift deed in my name as l am taking care of her since my father death, Now it's one year over my brother wants share in that property, is it possible for my brother to claim share in that property as my mother is not at all interested in giving any share to my brother. Kindly do the needful
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
if said property is registered on your mother name, she can gift her property to anyone of her choice.
- As per law, after the death of your father , the said property would be devolved upon the legal heirs i.e mother and you & brother.
- Further , as you and your brother has NOC to BDA office after written that you both have no objection if the property will be registered in the name of your mother.
- However, NOC is not enough in the absence of a registered deed like Release/Relinquishment deed , and your brother can claim his right equally from the said property, even you are having a gift deed .
Your Brother can't claim anything in the property which has been gifted to you.
But he may go for partition suit before Civil Court for his share. But he would loose the case because of Gift deed which was executed in your favour by your mother.
On the basis of NIC only the mutation has been done in the name of your mother. By this she has not become the exclusive owner of the property.
In other words on death of your father all three of you had become its equal undivided share by law of inheritance.
Therefore your brother has 1_3rd share in the plot. However the house solely belongs to mother in which your brother has no share in it.
After registration in favour of your mother, she became absolute owner of the site. During her life she can deal with the property in any manner whatsoever. She gifted the property to you and you have become absolute owner of the site and now no one can claim any right in your site.
Your brother had already relinquished his share in favour of your mother.
Yes your brother can claim his share
Your mother cannot refuse to share the property.
If the same is mothers self acquired property then he can't claim. If it's fathers then he can
Once your brother have the noc he has no rights over the property. She can gift the property to you. You have full rights and control.
1. IF Property was purchased by Father out of his own Self-Acquired funds, BUT merely registered in Mother's name, THEN "ALL" the residual Legal Heirs (Mother, both brothers) shall have EQUAL stake in Father's property, irrespective of the fact that property is registered in Mother's name.
2. Brother can file local Civil Court suit to claim his share, by providing all supporting documents of Father's property.
3. You are advised to settle amicably via a registered Settlement Deed, instead of any legal proceedings, since legal proceedings shall be very costly and time consuming as well will spoil relations with your only brother.
A. When a male hindu died intestate ( without a will) the property shall be inherited by all the class 1 legal heirs equally which means you, your mother and brother any sister if any.
B. Even if your brother has given consent to BDA and property is registered in your mother name that he is entitled for his share over the property.
C. Your brother couldn't have claim the same if he was executed a registered release deed towards his share. Moreover this is not her self acquired property.
Giving NOC to transfer site in mother`s name dose not transfer 1/3rd share of brother. He haves 1/3rd in the property. Mother can gift him only her 1/3rd share.
If the property was transferred to your mother's name by a registered deed after the death of your father by all other legal heirs relinquishing their rights in the property in her favor by executing a registered release deed, then your mother becomes an absolute owner of the property.
If you a or your brother have not executed a registered release deed in favor of your mother and have just given NOC to her, then it cannot be said that you have legally transferred the rights to your mother, in that case your mother shall be entitled to only one third share in that property, while your brother also entitled to one third property in it hence he can very well object to your mother's desire to transfer this property to your name by executing a registered gift or settlement deed.
You may better arrive at a compromise with your brother or discuss with a local advocate by producing the property documents before him for taking further course of legal action it to avoid litigation.
1. No your brother cannot claim any share in that property because he already gaveup his share when he gave consent for transfer of property on your mother's name after death of your father.
2. Now your mother can dispose the property according to her wish without consent of anyone.
