Property was bought by father in mother name for benefit of joint family
2) your siblings have equalshate in property and can file suit for partition for division of property by metes and bounds
3) also file suit to set aside gift deed
Gift deed revocation
Sir, my mother had a plot registered in her name by my father. As she wanted to buy a home she had asked 10 lakhs for which she will write the plot to my name. I agreed for it and got the plot gift deed registered in my name and am also willing to pay 10 lakhs. Now my brother, sister and mother have filed a case stating I got the plot through gift deed not sales deed. I never told to my mother that I will be getting registered through gift deed or sale deed nor she asked me, but she has signed in subregistrar office.. what should I do now??and they have gone to court questioning the gift deed...
Asked 8 years ago in Property Law
Religion: Hindu
11 Answers
My mother was a home maker during the purchase of the property it was paid by my father but registered in my mother name 30 yrs back. my father expired 10 yrs back..
Asked 8 years ago
Suit can be filed to set aside gift deed
Court would grant injunction restraining sale of property by you
If the same has been transferred to you by means of a gift deed and the gift deed has been made by your mother then your mother can question the same at a later stage.
I would also request you to tell the facts in detail, your question is not very clear.
Regards
1.The transfer is valid through sale or gift.
2.Even if it was gift deed your mother can always receive money in lieu of gift.there is no illegality or impermissibility in it.
3.So forget what your mother or brother says.The gift deed once done cannot be reversed by your mother and in the meantime you must pay the money you promised for the plot of land.
What are the grounds of their challenge?
Have they challenged the gift in your favor on the ground that this was the benami property of father which couldn't have been divested by your mother? Or they have challenged it on the ground that you've paid monetary consideration in lieu of this this gift?
Please answer the above questions so that a concrete advise be given to you in the matter.
Hi, Gift deed can not be cancelled unless and until your mother has to prove that gift deed has obtained by way of fraud, coercion.
2. Otherwise it can not be cancelled.
Once a gift is given it can't be revoked since she has signed it before sub registrar you need not worry .....
As explained by you the property purchased in the name of your mother and the matter is in Honourable Court, it is advised to gather as much evidence as could be possible to show that the property was purchased by your mother out of her self earned amount.
And under the provisions of maintenance & welfare of parents and senior citizens act 2007 if a parents makes an application to the jurisdictional Commissioner, the commissioner is under duty to comply with the provisions wherein the commissioner has the power to declare the registered document as null and void.
The condition for a registered transfer of immovable property shall be that the transferer should have marketable title to the property being transferred in favour of the transferee .
Since the property belonged to your mother by a registered title deed, the gift deed by a registered document is legally valid and cannot be revoked on such flimsy reasons.
The suit filed by your siblings not maintainable or tenable in law.
Even though your mother did not have source to purchase the property, since it has been registered on her name, she becomes the absolute owner of the property with marketable title.
This is the position of law.
Dear Client,
IF the transfer is effected through gift deed , than how can it be sale deed. ( u have paid less registration fees than charged in sale deed )
Now my brother, sister and mother have filed a case stating I got the plot through gift deed not sales deed - its a good ground, if u will mention about money towards gift deed, the deed become void.
Well gift deed is not revocable unilateral, except by senior citizen after attaining 60 years if son fails to maintain her mother .
On what ground , cancellation case filed.
