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 .
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 10 years ago in Civil Law
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4 Answers
Dear Mr. Ajay, Thanks Alot for your prompt response. I really appreciate it. Just wanted a piece of advice from you regarding solution you have provided. My mother has already asked my sister to give keys to me. When I went at her place to collect them, they refused to hand the over and said they wouldn't hand them to my mother also. My mother is of 85 years and has asked me to handle the issue, so she wont file eviction suit. However she has already made a will on my favor. My only point of contention is, after the property is transferred to me via gift deed (by paying stamp duty and registering it) 1. Will I be legally allowed to take possession of the shop by removing their locks and putting mine. 2. Can they file a police complaint against me once i break/change locks as shop still has their goods inside. 3. Can they challenge the gift deed in near future and I will be embroiled in legal issues.? Just for the record: 1. My mother is in sound mind and can read as well as sign. 2. When my mother gave the shop to them for using, no paper work was done (leave n license, etc). Maintenance and light bill was paid by me all these years.
Asked 10 years ago
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.
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.
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