Legal Question in Real Estate Law in India
I have 2 elder sisters and an elder brother. My father and mother died recently. My father has been alloted a house by Rajasthan Housing Board and he paid all the instalments, but before he could register it in his name, he died leaving my 2 sisters, 1 brother and myself as legal heirs. My elder brother is not co-operating to get the house registered in the names of 4 legal heirs (1/4th share each). So myself and my 2 sisters approached Rajasthan Housing board to register the house in our names to the extent of our undivided shares (1/4+1/4+1/4=3/4). The remaining 1/4th share of my elder brother would be registered when ever he approaches the board. The housing board registered the house in the names of myself & my 2 sisters, but in the registered sale deed, they put a condition, that the house should not be alienated till we get a consent from our elder brother or an order from a civil court legally partitioning the house. After registration from the housing board by way of sale deed in the names of myself and my two sisters to the extent of our shares, my 2 sisters inturn gifted their shares in the house by way of registered gift deed in my name, so ultimately I hold 1/4+1/4+1/4=3/4th share, i.e 75% of undivided house. This is a brief summary, my 1st question 1)How valid is the gift of my sisters of their shares in my name, My second question,2)What if I gift my total 75% share to other person.How valid is it legally. 3)What is the meaning of alienate in this context, does it only covers sale or even gift deeds. Please help me out.
1 Answer from Attorneys
1. VALID
2. VALID
3. MEANS TO TRANSFER IT TO ANY OTHER PARTY.
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