Legal Question in Wills and Trusts in
Hello Sir,
We are Four brothers and sisters, our widowed mother purchased a three storey house in her name in Calcutta 40 years ago by selling our ancestral property in Bangladesh. My mother stayed with our elder brother in that house. My mother had no source of Income. Now shortly before my mother died in 2009, she had executed a Gift deed of the house in favour of our elder brother, thus denying us of any right to the property.
I think we 4 bros and sisters as well as our mother held equal right to the property. In that case, since there was no partition of the property, legally can the property be Gifted by my mother yo the elder son?
Please advise under what Act and section can we get relief.
Regards,
S Mitra.
Kolkata.
1 Answer from Attorneys
yes, your thinking seems to be right. However, when your mother sold the property, you have not mentioned if you relinquished your right.
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