Property Issue Property Issue

2 years ago

My Mother's mother (so grandmother for me), written a No objection affidavit and Gift deed to transfer the property to my mother,which is on her name, actually it is our property,we have been living there since 30 years but in the young age of my mother and father they have written my Grand mother name for the sake of security.

No objection affidavit and Gift deed written in 2016
My grandmother passed away in 2017
My mother is there.

So can we directly transfer the property on to my mother name without their siblings interference.

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know whether that Gift Deed had been done in registered manner or not. In case of registered Gift Deed in favour of your mother,she becomes the absolute owner of that property and her siblings can't interfere.

If it is not done in registered manner,then that Gift Deed has no legal value and your mother's siblings are entitled to get share in that property and until and unless they execute Deed of Relinquishment/ Deed of Gift of their share in registered manner in favour of your mother,that property cannot be mutated in the name of your mother alone.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since your grand mother has executed the gift deed in favor of your mother, she will get the property mentioned in the said gift deed and no one else can claim it. You can contact a lawyer for further legal advice.
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Anik

Responded 2 years ago

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A.Hi,
Your mother will be the owner of the property as the gift deed is executed by your grandmother in favour of your mother. The gift deed has to be executed as per the provisions of the transfer of property act and get it registered within 4 months of such execution and in case of any reasonable excuse for delay, you may get some more time within which you have to do the registration.
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