Legal Question in Real Estate Law in India
Dear Sir,
My parents have five children( 2 males and 3 females) and my mother had owned a property in her name which she had solely inherited from her father after his death as she was the only legal heir leftover in the family. All the children are married. The eldest sister who is the first child to my parents passed away eight years ago. My father passed away four years ago and after which the two brothers of mine decided to divide the mother's property among themselves leaving us, the three sisters. Three years ago the two brothers got the property registered in their names from my mother through a gift deed and in which no details about we three sisters existing is mentioned. In brief the deed says, the two brothers are the children and their mother has now agreed to grant away the property equally to them. Also during the registration my mother was bed ridden and the registration was conducted at home. A year later my mother passed away. Knowing this later, we sisters demanded for a share in it either in the form of cash or property itself, but we were told my our brothers that we don't hold any rights in it and they are not entitled to give anything by the law. I want to know if the same told by our brothers is true according to the law.
1 Answer from Attorneys
Hello
Your mother was the sole owner of the property, hence she was entitled to bequeath, gift, sell the property to any person she like and no person has right to claim any kind of share in that property. So if your mother has gifted the property to your brother by way of a registered deed during her life time, then it is valid and binding. Your mother had the authority to so do, and you can do nothing about it.
If you still want to get share in the property, then you can file a suit for cancellation of the Gift Deed, on the ground of undue influence and mental incapacity of your mother at the relevant time to make such gift deed, rendering such gift deed voidable and then pray for for partition of the property.
Feel free to contact, should you have any questions.
Vivek N Mapara
vnmlaws.com
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