My mother was a only child to her parents. In the year 2001 she has gifted properties to me through gift deed. she died in march 2005. My only sister who lives the same village is well aware of this transactions. My mother gifted her all her jewelry and silver to my sister. in the year 2016 i have gifted all my properties to my wife.
I worked for Indian Airforce and after retirement I lived out of my home town due to my job commitments. since 2013 my sister started living in my village house and now she is refusing to vacate the house. in return she wants 50% of share in property.
we have gifted gold and a vacant house land. still she is not vacating the house and my agricultural lands.
what shall i do? pls provide legal guidance. thank you
A.Dear Client,
as you said that the properties are from her maternal home, she can gift those properties to anyone of her wish. well, 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. your sister cannot claim that property now as your mother has gifted that you through a gift deed.
A.Dear Sir,
It cannot be challenged by the daughter after three years of execution of Gift Deed because it is a document known to everybody and copies of such document available to anybody. She may file and challenge but at the end your sister will lose her case.
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Replied 1 year ago
Thank you Sir
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.To give opinion, it is necessary to know whether your mother gifted that property to you through Registered Gift Deed or not . It is also necessary to know in whose name the property is at present recorded.
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Replied 1 year ago
Hi Mam, she has gifted me through registered Gift Deed. My name and now my wife name is mutated in Revenue records since i have gifted all the properties to my wife. We pay taxes and EB bills till date.
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
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.
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