Civil matter
5 years ago
One plot in a Patna town which is belongs to my mother.I am two brothers.I an younger.She wants to register to elder brother. So I want to know what is the legal rights of mine. This plot purchased by my father he is no more.
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client You may get registered gift deed.
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A.Dear Client,
Your mother is the absolute owner of the property.
The question at this stage is whether it is self acquired property or ancestral property?
If the property of your mother was an ancestral property then the gift she would like to make to your elder brother will not be valid. That's where all children will have equal rights and you can demand a partition even after your mother's death.
Get in touch with a Civil lawyer from Patna through Vidhikarya.com
2) If the property was self acquired her gift to your elder brother is absolute.
No one can question it and she can dispose it the way she wishes. If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.
3) Therefore all depends on how the property came to your mother.
Shanti Ranjan Behera,
Advocate
Your mother is the absolute owner of the property.
The question at this stage is whether it is self acquired property or ancestral property?
If the property of your mother was an ancestral property then the gift she would like to make to your elder brother will not be valid. That's where all children will have equal rights and you can demand a partition even after your mother's death.
Get in touch with a Civil lawyer from Patna through Vidhikarya.com
2) If the property was self acquired her gift to your elder brother is absolute.
No one can question it and she can dispose it the way she wishes. If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.
3) Therefore all depends on how the property came to your mother.
Shanti Ranjan Behera,
Advocate
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A.Dear Sir
You may get registered gift deed.
You may get registered gift deed.
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Vishwabandhu
Responded 5 years ago
A.Dear Client your father has purchased the plot so it is parental property .U have equal share in it with your brother. Better sell the plot and divide money equally or know its market value and half of its value must be paid to u by your mother or brother. If u get cash then u must not object.
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Birendra Kumar
Replied 5 years ago
When my mother registered this plot to my elder brother after that what I can do for that.
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