• Gift Deed of Shop by my mother without consent of sister

Dear Sir,

We have a shop in Mumbai which was originally brought by father in the name of my mother.
8 years back she handed over the keys to my sister's husband for him to keep his goods there as he did not have any space of his own to keep them.

NO written document was made/ No Leave and license agreement was made, it was given on basis of pure humanity. However my mother had said she is thinking of giving it to my sister.
All these years light bill and society's maintenance bill is being paid by me as I am looking after my mother.

Now, in the course of 8 years we have developed bitter relations with their family.
When she is asking for keys, they have refused to hand over the keys and instead have put their own locks there.

My mother is very old. She has offered to transfer the shop to me by a "Registered gift deed". Can this be done? Can my sister later file a case/challenge the gift deed?
Would I be able to take possession of shop, by breaking his locks after gift deed is done?

Please suggest and advice on the same. I am very disturbed at the turn of events..
Asked 3 years ago in Civil Law from Mumbai, Maharashtra
your mother is absolute owner of property . she can execute gift deed in your favour . have it duly stamped   and registered .however your mother is not in position to hand over possession to you . for gift deed it is necessary that possession be handed over . your mother should call upon her  daughter to hand over possession . of shop to her . if she dosent file eviction suit . your mother can also make will  in your favour .
Ajay Sethi
Advocate, Mumbai
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The right of your mother to make a gift deed or will in your favour is absolute as she is the owner of the property. However, the catch herein is that she is currently not in occupation of the property. In order to get back the property she may file a case against her daughter for removing her from the property. Once the possession is gained by her then she can safely make a gift deed or will and pass over the ownership rights to you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. Your mother should get the possession and then pass the ownership rights to you. You cannot take possession without an order from the court. 

2. A police complaint can certainly be filed against you if you break their locks or put your locks over their theirs without a court order. Such a police complaint might lead to your arrest and also emasculate your legal rights to remove your sister.

3. Since your mother is in sound mind the gift deed cannot be challenged successfully.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
you cannot break open the locks of the shop . if you do so your sister will file police complaint against you as she is in possession of the shop . even if your mother executes gift deed in your favour it can be challnged in court . the curx of the matter is your mother is not in possession of the shop . 

your mother wont file eviction sit .your mother has already made will in your favour . better get will registered
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0

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