My maternal grandfather ( He had 6 daughters and no sons), The ancestral property was divided between him and his brother. He further gifted a part of this property (2/3rd of the property to my mother as she was the one who took care of him and he stayed with us most part of his life and also my mother helped during the marriages of other sisters (my maternal aunts). The gift deed mentions that my grandfather has gifted the property to my mother for the above reasons. However, he also mentioned in the deed that my mother will not have any right or claim over the remaining property. 1) Can my mother claim a right in the remaining property? 2) Will taking this into court also litigate the gift deed and my mother's right over the gifted property can be challenged. 3) Does this condition "mother will not have any right or claim over the remaining property." make it a conditional gift deed? Kindly advise
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- Since your maternal grandfather has got that property after partition of the property , then after getting the same he was having his right to transfer the said property by way of a Gift deed to your mother.
1. No
2. No
3. No , if the transfer of the property was already taken place at the time of execution of Gift deed.
It is conditional gift deed
mother cannot make claim over other property
if she does her siblings would challenge gift deed
Hello,
Dear sir,
The clause that says she cannot claim share over other property means it is a conditional gift deed. If she does not follow that condition, then the gift deed itself get revoked. She is only entitled to that share of the property.
In case she goes against this, her siblings can rightly contest the validity of the gift deed in the court and she might as well lose the 2/3rd share.
Therefore, it is advised that your shall not assert any right on the left over 1/3rd share of property so as to secure the legality of this gift deed. Thank you.
1. The property acquired by your grandfather by a partition among his siblings shall be his own and absolute property.
He had already transferred his 2/3rd share in the property to your mother without taking the consent of his other children, which clearly establishment that he is the absolute owner of the entire proeprty.
Therefore your mother cannot claim any share in the remaining property as a right at least not during the lifetime of your fatherland.
2. This may lead to the anticipated controversy and your mother may have to struggle to protect her interests in the property already transferred to her name.
3. It is not a conditional gift deed, it is a recital to make clear that she do not have any rights over the remaining property.
