Through which register deed you transfer the property from her to your name ?
Register gift deed ? Sister cannot claim.
Property owned by son - given to mother - get it back from mother
Dear Sir, In my family, son( myself), two elder sisters and my mother are there. Father passed away in 2002. I owned a property ( house) in 2010 to name. For personal reasons and safety to my mother I gave the house to my mother in written.(2011) In 2019, I got the back from my mother in written. Is there any chances to my sisters, to ask the share to the house as it was in my mother's name from the period 2011 to 2019. Waiting for your kind reply. Thanking you.
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
- Since, this property was purchased by you in your name , then without any transfer by way of a registered document in mothers , she will not considered as the legal owner of the property.
- Hence, the said transfer in your mothers name was just a written agreement , and not registered from the office of registrar, then legally she not become the owner of that property.
- Your sisters and mother having no right to claim in your self acquired property.
Once gift deed is executed duly stamped and registered you are absolute owner of property
your sisters have no share in property
1. If you had bought the property in 2010 through a registered Sale Deed and in 2011 you had transferred the same property in your mother's name through a registered Gift Deed or so. Later, perhaps through a registered Gift Deed, your mother might have gifted it back to you..
2. Since the property is your self acquired property which had changed ownership during 2011 to 2019 in your mother's name and she inturn gifted it back to you and therefore even if your sisters ask the share for the property which was earlier owned by your mother during 2011 to 2019, their contention would not be legal as it's your self acquired property.
Hello,
- If the property has been transferred to you by the mother by a registered Deed like a gift Deed or Sale Deed,you have become absolute owner and your title is unimpeachable.
- Your sisters could have made any claim only where the mother had the property in inheritance from her ancestors.
If your mother had transferred the property to your name by a registered deed, then you become an absolute owner with clear and marketable title to the same, and as this transfer had taken place during her lifetime, this transaction cannot be challenged by your sisters for any reason either now or later.
Your sisters cannot ask for a share in the house as it was in your mother's name from 2011 to 2019. The property was gifted to your mother by you, and she was the rightful owner of the property during that time period. As such, your sisters have no legal claim on the property.
If mother dies without will then yes she can
If you transferred the house to your mother in 2011 and then got it back from her in 2019, then legally the house belongs to you as of now. However, if your sisters can prove that they contributed to the purchase of the house or made any financial contribution towards its maintenance or improvement, they may have a claim for a share in the house.
If there was no financial contribution made by your sisters, then they do not have a right to the property as per the Hindu Succession Act, as your father has passed away before 2005. Therefore, the property will be considered as your self-acquired property and you have the right to deal with it as per your wish.
It is advisable to keep all the relevant documents of the house and the transfer to your mother, as this will help you to defend your case in case your sisters make any claim on the property in the future.
There is no possibility at all! During one's lifetime, the question of succession does not arise at all. As your mother transferred back the property to you in 2019, the years during which she had been the owner, between 2011 and 2019, do not matter at all. Your sisters cannot have any legal claim.
