in Civil Law
Asked June 14, 2017

Mother asking us to vacate house and wants to sell properties

  • 1 Answer

I am a Hindu residing in West Bengal. My father has gifted my mother through registered gift deed two flats one in 2006 and the other in 2011. He had also made a will in 2001. After my father's death in 2017 I have come to know about this by having searched the property through Court. My mother is staying in one flat and me and my wife and daughter are staying in the other flat in the same building. My mother is asking us to vacate the flat and she does not want to give me the property but to give it to her brother (my maternal uncle). My mother wants to sell off the properties. Is there any way in which I can protect the properties from getting misused.

Answer 1

Sir, firstly it is advised that you go through the will and check if your father has written anything that grants you some right in the properties which he gifted your mother. Secondly, you can also check whether the properties are ancestral in nature or acquired by your father in his lifetime. If the case is for the former then you can have a right and challenge the sale as the Hindu Succession Act 1955 grants first right in a property to immediate heirs such as yourself.  

However, these are just loopholes that can be exploited and contingent on various circumstances, a registered gift deed is a binding document that grants your mother absolute right to the two flats and she can use them in any way she wants.

Agree Comment 0 Agrees over 4 years ago

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