• Derived property share

i give my situation here. Provide your valuable answers.

1) My father owned a house on his name. He expired and did not write any will. So, It got shared by 3 legal heirs (my mom and 2 sons including me).
2) I am planning to give my share to my mom and i don't need my share. Planning to register it also.
3) After writing off, Does my mom can sell my share on that property without any issue?
4) I have a son of 4 years old. If i write off my share to my mom, Does my son has the rights on his grandpa's(my father's) property in future?
Asked in Property Law from Thanjavur, Tamil Nadu
1. You can transfer your undivided 1/3 rs share by any non-testamentary means like gift deed or deed of relinquishment in favour of your mother which needs to be registered.
2. After that you mother becomes 2/3 rs share holder of the house and cal sell her share to any person she chooses. However the house is not partitioned and is a family dwelling house, the purchaser may be reluctant to buy her share only of your brother is not ready to sell his 1/3rd share.
3. It is your father self acquired property and hence your son do not have any share in it.
Devajyoti Barman
Advocate, Kolkata
7319 Answers
84 Consultations

4.9 on 5.0

1. You can execute and register a Relinquishment Deed duly relinquishing the title of your share of the property in favour of your mother,

2. You can also execute and register a Gift Deed for gifting your share of the said property in favour of your mother,

3. Yes, after acquiring the right, title & interest of your share of the nproperty, she can sell the same to anybody but before that she has to offer it first to her another son  who is also having a share in the said property, at the same price she is getting from others, as pre-emption,

4. No. since it is the self acquired property of your grandfather, your son will have no right on it after you have conveyed the title of your share of it to your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
13980 Answers
310 Consultations

5.0 on 5.0

1) on your father death you have 1/3rd share in said house . 

2) if you want to give your share  to your mother execute deed of relinquishment in her favour . it attracts nominal stamp duty . have it registered . 

3) your mother would be owner of 2/3rd share . she can dispose of her share if she so desires but it better to take your brother on board  as he owns 1/3rd share in property too .

4)  it was your father self acquired property . once you relinquish your share your son would have no claims on said property
Ajay Sethi
Advocate, Mumbai
28616 Answers
1553 Consultations

5.0 on 5.0

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