Legal Question in Real Estate Law in India
We have a flat in mhada colony in south bombay first no brother went to stay in his own place.second sister got Married myself fourth one taken my own after I got married we got seperated due to shortage of place.this flat is on my mothers name.my third number brother is trying to transfer it on his own name by taking the advantage of old aged mother by making her emotional blackmail about his sickness.mean while he has sent us some affidivated letter of gift deed stating that my mother is transfering this property on his name as she is staying along with him and he is taking care of her and for the thing that he is committe member of society and it is necessary to transfer on his name as he was going to become member of mhada federation.unfortunately he has successed in taking mothers signature in it.he has also mentioned in this that even it has been given to him as a gift rights of others will be there at the time of selling.he has just shown first copy of this paper to us none of us has signed on .it.but still by taking advantage of his social influence he has submitted it into mhada.now he is in a position to take his own flat but he is not willing to leave that place.neither he wants to give us our share.we have told him that we don't mind to transfer on his name provided he gives us our share.he is not keeping contact with us.we r afraid that he might do something without our consent just by taking signature of mother by giving her false explanation. Mother is not stable to take her own decision Kindly advice us.
1 Answer from Attorneys
1) Ur mother can gift the flat to whosoever she is interested in as registered gift deed.
2) When u are all settled and that brother is taking care of ur mother, naturally she will
incline towards him which cannot be emotional blackmail, to prove extremely difficult.
3) Better discuss in the presence of family elders and experienced senior citizens and
settle amicably.
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