Property

Mother's flat

My mother has a flat in dadar. I am her elder son and i have 2 sisters. I would like to know if my mother can transfer the flat in my name or make a gift deed to me without telling my sisters about such transfer?

Expert Advice


Your mother can transfer the flat in you name or make a gift deed to you provided that the flat has been purchased by your mother out her own sources of income. However, if it has been inherited by her by virtue of being a nominee of your father, then all the legal heirs including your sisters would have equal rights in the said flat. In the second scenario, the gift deed cannot be executed without the consent of the sisters.

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If the Flat is standing only in your Mother's name, you mother can transfer the Flat vide a Gift Deed in your name. However, please be informed that this method of transfer is possible only if the Property was self acquired by your Mother and will not possible if the Property was purchased by your Father and later transferred to your Mother's name. Please note that this is preliminary view on your query.

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