Property

3 years ago

My brother bought a flat and registered on my mother's name to evade tax
My mother a retired teacher cannot afford to buy
It is well understood that flat belongs to my brother
Only for name sake it is on my mother's name
My brother passed away 6 years back
We are two sisters and my brother has wife and two daughters
Now my sister is taking care of my mother since two years
Somehow she convinced my mother and got the flat as gift
Can me and my brother's wife challenge?

Previous Question

Next Question

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.your sister played very well.
Gift deed can be challenged though difficult however the property on mother name itself have to be challenged.

Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .

Helpful

Jagannath S Pawar

Responded 3 years ago

A.Gift Deed is a registered document which after taking effect cannot be cancelled unless you are able to satisfy Court of its cogent and substantial causes such as undue influence, coercion or fraud through which such gift instrument came into existence. So unless documents are perused and all circumstances are taken into account definite conclusion cannot be drawn and firm and correct advice is not encouraged. But if there are valid and substantial grounds of challenge you can certainly move ahead. Regards

Helpful

Ramachandra Rao Kakulavarapu

Responded 3 years ago

A.You cannot. Since it is a self acquired stree dhana property she can give as per her wish

Helpful

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hello,
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion, misrepresentation etc.

Helpful

Anik

Responded 3 years ago

View All Answers

A.Hi,
Yes the gift deed could be challenged in the court of law by filing a suit for declaration. Yet the grounds for filing such suit is, only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion, misrepresentation etc. That is if the deed is transferred without free consent.

Helpful

Sanjay Kumar Jha

Responded 3 years ago

A.Dear client,
You both can contest for ,if you have good proof on paper which may support your brother's involvement or contribution for purchasing such property. How ever, you may convince your mother for all.
You better contact me on given cellphone, so that you would have keval way out of it.
Thanks

Helpful

Read Related Answers

I am staying in pagree room

Dear Client, In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...

Legal Procedure To Move Out For Adult Female

Dear Client, When you are experiencing such type of toxic and abusive behaviour from your own parents, you can get in touch with a social worker or NGO who renders dedicated service to help you out o...

RCR case

Dear Client, Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...

Separation from Sibling on a legal ground

Dear Client, You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely. Hop...

My sister is not giving my share from our parents property

Dear Client, If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...

Read Blogs on Family

Harmonizing Differences: Exploring Hindu Muslim Marriage Dynamics

Decoding the Legal Status of Live-in-Relationship in India

Punishment for Dowry in India: Punishment & Protection

Live-in Relationships

Prenuptial Agreements in India: Protecting Your Future Together

Family Lawyers

Kolkata

Bangalore

Mumbai

Prabhakara S K Shetty

Bangalore

View Full Profile

Bharat Majmundar

Vadodara

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.