Legal Question in Real Estate Law in India
My mother is a 65 year widow, blessed with five daughters and one son. My father purchased agricultural land (self earned) in his native. He expired few months back. The propery is now transferred to my mother's name. Now Can my mother desires to make a gift deed to me (son). Does the will need the consent of her daughters ?
4 Answers from Attorneys
In case your mother is normal (not abnormal) and the transaction (gift or transfer as the case may be) is not by coercion or by any other abnormal/immoral means, she can do so
Your mother can gift it to you but your sisters can claim share in the same. So get a consent letter that they have no objection for the gift to you. It is better to get the consent from the sisters to avoid future complications.
Since your father has died intestate, your mother, yourself and your sisters have all got equal shares in the said self earned property and you can get rights of your sisters only if they release their rights in your favour and you cannot get absolute rights by virtue of will/gift executed by your mother alone.
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