Legal Question in Real Estate Law in India

My mother is an 84 year old i have 5 brothers and 2 sisters
and my mother is dependent on me finincially and otherwise and my father make a will in the name of 3 brothers and mother in equal shares the property was self acquired which was duely probated by my mother from tis hazari court delhi four years ago in 2009 now my question is that can my mother gift / sale deed / relinqushment deed in my favour . the property was on lease basis and the shares are not divided you are requisted to advise me which is better from the above deeds .
The plot is 200 sqryrds divide in equal share.

Asked on 1/19/13, 10:11 am

7 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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20.01.2013

Dear Sir,

If the property has been transferred in your mother's name alone vide probate from the Tis Hazari Court, your mother is entitled to transfer the property in your name vide a Gift Deed by paying the prevailing Stamp Duty, and getting the Gift Deed registered with the Registrar in Delhi.

If the probate order for transfer of name is not in your mother's sole name, prior written consent of other legal heirs / beneficiaries to the property is required for transfer of the property in your name.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

Answered on 1/19/13, 10:41 am

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Setu Niket Curare Legal

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Your case requires examination of the documents as probate mere affirms the validity of will, if you are the beneficiary, you can claim your share. your mother can gift you her share by gift deed/relinquishment deed in your favour.

In all the scenario your mother transferring her share to you entails stamp duty and registration.

Kind Regards

Setu Niket

+91-9873109672

Answered on 1/19/13, 10:56 pm

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uttam Tibrewal

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dear client...

Yes she can make gift deed as she now is the true owner of the said land... but Shall like to go through the WILL and order of probate ... so that accurate position can be said...

if possible send me the documents at [email protected]

Answered on 1/20/13, 9:34 am

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Sanjay Kalra Sanjay Kalra & Associates

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Yes your mother can relinquish ,sell ,Gift or will her share in your favour.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 1/23/13, 3:30 am

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