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Ancestral land dispute
2 years ago
i have given un registered gift deed to my mother 15 years back from my share of our ancestral agricultural land ... which is already in my mothers name at that time. But now it is transferred to my younger brother's wife as sale deed by my mother without my notice and signature and they got pass books . Now what i have to do to get my share of land...as i am cheated by my family members.
A.Dear Sir,
The contents of gift deed to be seen as to whether you have imposed any conditions.
The contents of gift deed to be seen as to whether you have imposed any conditions.
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A.The transactions appear to be a bit complicated. How could you transfer a land through gift deed to your mother which was already in your mother's name? Anyways that transfer was legally invalid (null and void) for two reasons namely - you can not transfer something which does not belong to you and secondly unregistered gift deed is invalid.
Can you please tell how your mother got this ancestral land in her name. If it devolved to her as succession then you also have right in that property as a hindu coparcerner but suppose she got this property after partition of the hindu joint property then she has the right to alienate the property in a way she wants to.
Can you please tell how your mother got this ancestral land in her name. If it devolved to her as succession then you also have right in that property as a hindu coparcerner but suppose she got this property after partition of the hindu joint property then she has the right to alienate the property in a way she wants to.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A gift deed transfers unequivocally the property to the person. However, redressal can be taken through the nearest civil court stating that the property originally belonged to the transferee and therefore can be nullified.
Thank you, please rate the answer.
A gift deed transfers unequivocally the property to the person. However, redressal can be taken through the nearest civil court stating that the property originally belonged to the transferee and therefore can be nullified.
Thank you, please rate the answer.
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Shreyash Mohta
Responded 2 years ago
A.First, send them a legal notice.
Thereafter, file a partition suit.
The unregistered gift deed is invalid. Every gift deed should be registered.
Thanks.
Thereafter, file a partition suit.
The unregistered gift deed is invalid. Every gift deed should be registered.
Thanks.
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A.Hi,
Although there has been a complete transfer of ownership by the gift deed however you can approach your nearest civil court for redressal to make an affidavit stating that there the property originally belonged to your mother and that the gift deed should be nullified.
Thank you, Please rate the answer.
Although there has been a complete transfer of ownership by the gift deed however you can approach your nearest civil court for redressal to make an affidavit stating that there the property originally belonged to your mother and that the gift deed should be nullified.
Thank you, Please rate the answer.
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Sidhaarth
Responded 2 years ago
A.After gift your mother became absolute owner h nice she has every right to alienate the property. She does not require any permission or consent or approval for making sale of property. Why you are making issue when you have have already gifted the property and cease to be owner of the property. Merely because gift was unregistered does not make gift deed invalid. As such you are not cheated.
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