HI, My father has left a piece of Land around 3.5 katha and half portion contructed ground floor. After my father death including my mother we were 4 legal heirs i.e mother and 3 sons. Now we all brothers have gifted our share to mother now entire property belongs to mother. I being the younger son who have taken loan and NOC from mother as a co borrower have constructed 3 storey building. Elder son stay seperate. in the building I used to stay with mother in one flat and middle brother stay in seperated flat. Now middle brother is making problem and demanding for his share i.e. maximum and has to be executed as per his wish. He is also not allowing my mother to let out ground floor on rent as he is disturbing. Now my question under such circumstances 1. What right do i carry on property as I have taken loan and constructed building and none of my brothers had helped in any manner.but at present am not paying the EMI and is in default case at bank. 2. What legal right do my mother possess. 3. Can my mother sell the property. 4. If we come into mutual settlement and my mother gift share to respective son, then can I sell my share without the consent of others. 5. If my mother sell the property without the consent of children does any son has any legal right.
1. If your mother is alive then none of you have share in it and your mother during her lifetime gift whole or part if the property to you. If she dies without any Will then it would be divided among 3 of you in equal share but you would be compensated for the construction raised on the land.
2. She is its absolute owner.
3. Yes
4. Yes
5. No
Hi, all of you have have executed gift deed in favor of your mother, now she can't return back the same to children. As you mother is the absolute owner of the property either she can dispose the property through Will or If she died interstate then all the legal heirs have right over the property.
1. Since the land stands in the name of your mother, only she has the legal right, title and interest on it. Your payment of EMIs against loan taken for construction of the building is as per your choice.
2. If title of the said property stands in the name of your mother, then she has the legal right on it.
3. If it is in her name then she can sell the said property.
4. No share of the said property has yet been registered in your name for which you van not sell what you call is 'my share'
5. No. Since the property stands in her name, she can deal with it without the consent of any other person.
If all other legal heirs had relinquished their rights in the property in favor of your mother by executing a registered release deed, then ever since the execution of the registered release deed in her favor, your mother becomes the absolute owner of the property.
In that case she is the authority over the entire property.
If she had given the property to you by a registered settlement or gift deed, this decision cannot be challenged by anyone for any reason neither anyone can claim any share in that property as a right.
You can ask your brother to approach court of law for desired reliefs.
2. Your mother is the absolute owner of the entire property provided the other cosharers have executed a registered release deed relinquishing their rights in your mother's favor.
3. Yes.
4. If your mother is a legal owner and if the contents of the first answer above has been properly complied, you can sell your share of property that had been settled to you by your mother in your favor.
5. If your mother's title to the property is ascertained she can proceed without the consent of her children.
Until loan is repaid property cannot be sold as bank would not give its consent
for execution of gift deed bank consent is necessary
mother can after repayment of loan sell the property or execute gift deed
Hello,
1. You say that all brothers have gifted their share to your mother. If that be so, your brother does not have any share left.
2. NOC from your mother does not make you the absolute owner of the property. You have the right to enjoy the possession of building to the extent of your share in it.
3. If your mother gifts her share then donee will be free to sell the share gifted to him.
4. Your mother is free to sell the entire property. None of her heirs has any share in the property.
1. If my mother sale the property without the consent of others then will the buyer have good title and can any son file litigation on property or on buyer. 2. If my mother gift a share of property in my name and after getting registered gift deed I can sale the my share of property without the consent of others. Now can my brother put any litigation on the buyer or in the property. does buyer will hold a good title.
1) buyer would have clear and marketable title to property
2) mother can gift you share in property and you can sell your undivided share in property
If your mother satisfies all the conditions and ingredients that are essential to confirm her absolute title to the property as discussed in the previous posts, she can very well sell the property without having any consent or permission from her children, the buyer shall be in no problem about the title to the property he now proposes to buy.
2. Yes, you can sell the property as an absolute owner to the prospective buyer, your brother's litigation in that connection is not maintainable.
1. Your mother will convey a free and marketable title to the buyer if she is the absolute owner.
2. After gift deed you can sell the share gifted to you.Your brother can file the case but he cannot succeed.
1. Yes, the buyer will have good title of the property sold by your mother legally. She need not consult you in any way for the said sale. Anybody can file any case but it should, have legal ground to stand upon.
2. You can sell your share of your mother's property gifted to you. No litigation against the said sell will stand the scrutiny of law.