Threats from my uncle to my grandmother and to me for property.
3 years ago
My grandmother had transferred 2 storey building to me which was on her name from the beginning of its construction through a gift deed. After that my uncle (eldest brother of my father) started threatening her to re-transfer the property to him. He occupied one portion on the ground floor illegally. All the remaining properties are shared among my father, grandmother and his 2 brothers. My grandmother is ready to transfer her property share(except the house) to my uncle as a moral compensation. Can my grandmother re-transfer the property without my signature as it is appropriately registered in the registration office 9 years back? My grandmother is a pensioner and I finished my graduation and preparing for competitive exams. How can I protect myself from wrong allegations (false cases) if my uncle wants to spoil my career?
The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. However, it will be challenged only if you are able to establish that the execution of the deed was not as per the wish of the donor or was executed under misrepresentation, fraud etc.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Under the Indian Contract Act, 1872, once a property is gifted and accepted by the recipient is conclusive, it can't be repudiated later on. The Court made it very clear that once the property is gifted, it can't be taken back in any condition.
You can get your gift deed executed, and claim your right over the property.
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your submission you have been gifted a property from your grandmother, so you have absolute rights over it, none can prevent you from initiating legal actions, inform them not to process any kind of illegal activities against your property, else file a petition in court to restrain all of them from interfering in to your property
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