I'm from tamil nadu and I have bought an individual house from a seller recently, my seller has got this property from his mother as a Gift deed without any conditions mentioned, I got housing loan from BOB and did "Memorundum of Deposits" too, now some of them saying there is a problem in the property, since the seller mother has 2 sons, and they can raise a dispute on property as it has gifted only to 1 son (Seller), She gifted the property on 2016 and registered, please help me what I can do now? will they take my property
A.Dear Sir,
You need not worry as it was self acquired property of donor (mother) as such she can gift it to anybody and if challenge has to be made on any other ground, it has to be made within 3 years of such registration. Copy of Gift Deed is accessible to all the public at large as it is a public document in Sub-Registrar office and nobody can ignore such knowledge also.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to scrutinize that registered Gift Deed for its scope, meaning and effect. It is also necessary to know how the mother got that property. Without scrutinizing the concerned facts, proper legal opinion cannot be given.
A.Dear Client,
Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone. However, the mother and her sons being legal heirs and interested parties in the concerned property, can dispute the said transaction of gift.
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Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Dear Client,
The property of a married female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Hindu Succession Act, 1956 which include her husband, children, a...
Dear Client,
When your maternal grandfather passed away leaving the property intestate, i.e, without a Will, then on his demise, all the surviving legal heirs are entitled to an equal share in the sai...
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