Legal Question in Family Law in India

Since the flat at H'bad is in joint names of late father and mother, it has to be first transferred exclusively in the name of mother alone before she could gift it to any one. Father's half share has to be divided in four parts - 1/4 of 1/2 (=1/8) for each of four legal heirs. So, as of today, your mother is owner of 1/2 + 1/8 (=5/8) and you three brothers are owner of 1/8 each. She can only gift her 5/8 share today and not more than that. Gift deed has to be registered where the property is located. Of course, with special permission with a particular procedure it may be registered at Delhi. for which 30 days public notice has to be givn at H'bad in a daily newspaper. Then and then alone it could be done here.

If you want the entire property to be gifted, then three brothers havee to relinquish their share in favour of mother and then mother would gift the entire property to one.

JSR/28313.....Your mother can gift 50 % and for the rest 50% she needs consent of other heirs ( reliquishment deed). The Gift deed is subject to registration and can only be done in Hyderabad. If you want to register the documents in Delhi then ask your mother to execute a POA in your favour after taking reliquishment from other heirs. A POA from parent to children can be registered in Delhi at a bare minimum stamp duty of may a few thousands. To know us better, please click on the links below:

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Your mother can gift her 50% share plus 12.5 % she inherited after demise of your father from his share you, you have inherited 12.5 % share.

She will have to either negotiate and pay other three sharer their share, or convince them to forgo their share.

Yo need to register it, where the flat is located.