Can mother give his part of property to any son Can mother give his part of property to any son

8 months ago

My father died.. in accident... property is in his name still..we are two brothers but my mom want to give her part of property to my young brother But property still not registered also it's still in father's name ...is it possible to do that

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
When your father passes away leaving his property intestate, then all the surviving legal heirs are entitled to an equal share in the said property. On receipt of a Legal Heireir Certificate from the competent authority, the Municipal Corporation, and the certified copy of the individual record of the property from the Lande Deptt, your mother can transfer her individual share i.r, one-third share in the said undivided property to her younger son by executing a Deed of Relinquishment or Deed of Gift.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
The widow is also entitled to property along with the other heirs and in case there is more than one widow, they will inherit jointly one share of the deceased's property, which is to be divided equally among them.
The widow is entitled to inherit from her deceased husband's property even if she remarries after his death.

Hence, the wife of the deceased can transfer her share to her share provided the property is adequately partitioned
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Kishan Dutt Kalaskar

Responded 8 months ago

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A.Dear Sir,
Your mother may execute a relinquishment deed saying that her 1/3rd share shall go to her younger son.
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