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Q. My Mother gifted property to me

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Anonymous

posted 2 weeks ago

Q.My Mother gifted property to me
My Mother had given her Property to me via unconditional Gift deed in 2018(Registered in sub Registrar Office) as she was the only owner of that property, (We have sale deed/Registry, Khatoni/Mutation/House Tax receipt of her Name which is registered in Nagar Nigam)

Because she got paralyzed in 2013 and none of her other children including 1 Elder Son and his Family, 3 sisters and their family(All are married ), and 1 Sister in law (Widow) with her 2 full grown Grandson (living in same house) couldn't took care of her. in 2013 i came to my mother's house when i got to know that no body is taking charge to take care of her. Me and my Family took care of her and her medical expenses, and some forgery cases who was running on her. We bear all the responsibility on us till she got died in 2019. in these entire 7 years, none of their children came to take care of her.

My Family, my mother and my 1 Sister in law (Widow) with her 2 full grown Grandson are living in same house. (50% captured by us and 50% by her) Now after the death of my mother, all these starting misbehave with us. thus, we decided to evict them from our property which we got via gift deed. But before us, they filed a case against us that we have done forgery with them as that gift deed is not valid and also asking their stake in property because of below reasons-

1. My mother was paralyzed thus she was not mentally stable. Thus she couldn't be able to donate her property to anyone.

Whereas, my mother was completely fit and fine from mental front and they don't have any documents which can prove that she was mentally ill.

2, as per them, My mother was not holding any right to donate the property because she was not the owner of it. as that property was purchased by the money which comes from selling a rented Property whose rent receipt was coming with the joint name of my Mother and her late Son (Whose wife and 2 son staying in same house as of now). In simple term, this property got purchased with the Money which comes from selling the another property (rented) where all they were living in undivided family.

Whereas, my mother was holding the complete right of selling or donating the property as she had all the legal documents of property like Registry, Khatoni, assessment etc. 2nd, there is no proof that this property got purchased with the same money which comes from selling the previous property.

Here, i need your suggestion and help to understand that -

Are we legally authorized to evict them from this property ?.

Do they have any right to ask their share in Property if they couldn't took care of their mother in old age ?
Are we permitted to do any sort of construction in same Property ?

Can we File defamation case against them for a false allegation of forgery we did with them ?

Can we ask for the compensation for the expenses we did in these 7 years on my mother's treatment,legal cases and in other things ?

Kindly help.

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Anik

Experience: 10 Year(s)

Responded 2 weeks ago

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A. ) Hi,
The first thing needed to clear out is that who has the right of the property. If the property was in your mother's name then she could have gifted it to anyone. Since she has gifted it to you, you are now the owner of the property. It is suggested that you keep all the proofs with you to show the legality of the gift deed.

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Ayantika Mondal @ Prime Legal

Experience: 11 Year(s)

Responded 2 weeks ago

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A. ) Hi,
The first thing needed to clear out is that who has the right of the property. If the property was in your mother's name then she could have gifted it to anyone. Since she has gifted it to you, you are now the owner of the property.

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