Property Transfer
1 week ago
My name is Shaan, My father has 5 siblings (2 brothers B1 B2, and 3 sisters S1 S2 S3) and they have a piece of land, it was registered on my grand mothers name, my father and his elder brother B1 & B2 asked my grand mother to transfer property to elder sister S1 and in return S1 agreed to take care of marriage of 2 other younger sisters, so my grand mother transferred property through Gift Deed to S1, later S1's husband X1, forcefully and without knowledge of S1 got same property transferred to his name, and S1 is deceased without any children and X1 is also ill and now X1's brother is trying to get access to that property...... what can i do now to get legal rights of the property?
In the absence of S1 (deceased Doneeand owner), it may be very difficult to challenge and prove the veracity of the transfer of property from S1 to X1. In case you possess any strong evidence that supports your complaint behind the transfer of property from S1 to X1, you may challenge the transfer of property on the grounds of coercion, or undue influence. However, in the given situation, you or your father can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
When the property is gifted to your elder sibling by a registered gift deed, she becomes the absolute owner of the property and the legal heirs of the donor (i.e. your grandmother in this case) do not have any right to claim over the property. Further, on the death of S1, her legal heirs will inherit the property. In absence of her husband and children, the property goes to the her husband's heirs. Only, in the absence of all the heirs on husband's side, the property can be inherited by the parents of S1. If required, you can consult an advocate for advice and assistance.
Hope it Helps.
Thank you.
You have to file civil suit to get relief. Without going to civil court you may not get any relief.
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