Legal Question in Real Estate Law in India

My father bought property. After father died, more than 25 years back, relinquishment deed registered was given in favour of mother by all the sons including married sister. Four brothers live in the same property except one who lives outside.

Now mother has become old and wants top gift this property to the all brother in equal proportion. Out of five brothers, three brothers wants this property gifted in their names in equall proportion without knowing other two brothers who have have occupied more area in the said property which belongs to the brother who lives outside.

My question is:

Can any brother who lives in that house have rights to challenge mother decision for giving property to the brother who does not live in there for gifting 1/5 share to him.

Though all brothers had given relinquishment deed in mother�s name more than twenty years back.

We came to know that they will try to establish in the court that mother is not fit and also pressure was put on her. Mother is around 73 years and have old age problems but she conscious and wish to share the property in equal proportion.

What should we do while mother gifts this property.


Asked on 10/27/09, 2:50 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once the share was relinquished in favour of mother, she has become the sole owner of the property and can dispose off the property as per her own will and wish. your brothers can challenge it but they have a weak case.

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Answered on 10/27/09, 4:58 am


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