• Gift deed

Three years ago my fatherinlaw divided his moveable & immoveable proprties equally amongst his 4 children but 3 months later suddenly made a gift deed in favour of his daughter ,my husband who is the eldest was not informed about this.One month ago on the 10th of june my fatherin law expired,so my husband & our family visited & my brother in law from USA came as well.Since 3 heirs to my father inlaws assets were present,my husband decided to meet his lawyer regarding the will.The will clearly stated that my fatherinlaws Half share of the flat in pune will go to his wife & then to his daughter.The moveable properties should be equally divided for his 3 sons.So a month later we returned to pune for the months mind ceremony,after informing the sister,after booking the flight tickets,however a week before our departure my husband informed his sister who said the we cannot live in the pune flat as friends were coming to stay,so my husband told her that the flat belongs to his mother at which point she said she has a gift deed.He asked to see the gift deed from the lawyer who says that my husband is not entitled to see it,Is this correct as per law?Secondly the moveable assets are all in my mother in laws name first the my sister inlaws name,so how can he stake his claim?Thirdly there is only 2.5 laks which is in only father inlaws name,a car of 2,5 lakhs & some society loan given by my fatherinlaw to the builder that is entirely in his name,Please advice what should be done as we wish to do things legally.The flat is in Pune
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1.If his sister is claiming full title on the basis of gift deed from mother then she will have to establish this fact.

1.As Long as she can not do this you can refuse to vacate the flat. The version of her lawyer is not right.

3. The money lying in several places is liable for equal distribution among all the bothers and sister.

4.it is not clear the mode by which the father gave the flat to his daughter or the nature of deed of his earlier arrangement for equal shares among all his legal heirs.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

if gift deed is executed by FIL in favour of his daughter apply for and obtain certified copy of gift deed from sub registrar office where gift deed is registered

2) your husband should file suit to set aside gift deed on account of un due influence

3) seek stay on sale of flat by his sister

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Bank will direct your husband to obtain court orders to claim share in father assets

Already advised you that suit has to be filed to set aside gift deed

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) your husband should forward copy of father deceased willto bank

2) request bank not to hand over money lying in said account to your sister without consent of other legal heirs

3)mention that mother is suffering from Parkinson's disease and not in position to operate her bank account

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are referring to a will as well as to a gift deed.

The Will, as per your contents states that Half share of the flat in pune will go to his wife & then to his daughter. Therefore your sister in law shall be entitled to only half share in the property/flat that too after the lifetime of your mother in law. Thus your mother in law cannot restrict others from availing the benefit of the balance half share of the Pune flat as per Will.

Now as per the gift deed, your sister in law claims that she has the property fully gifted to her by your deceased father and she is not showing the the relevant documents.

In that event your husband can file a partition suit seeking partition and separate possession of his legitimate share in it as a right.

Let she challenge the partition suit on the basis of the gift deed in her possession which can be disputed in the court and challenged if it is found to be a rank forged or a fabricated document.

There is another option and solution for this that your husband can file a probate petition seeking grant of probate of the will by impleading your sister in laws as a respondent. Let she put forth the so called gift deed before the court competent to stake her claim in the property and nullify the will.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

We live in Goa,the moveable assets & immoveable assets are in pune,should my husband send letters to the banks to stake claim to his inheritance that has been stated in the will,which is first in his mothers name & second in his sisters, 3 yrs ago my father in law divided every asset equally but after 3 months it was gifted to my sisters inlaws name which was not told to my husband till last month & he has not being shown the giftdeed

what action should he take?

You can ask your husband to follow the procedures and process as stated in my previous post for relief and remedy.

Mere saying that she has gift deed will not be a proof, she has to establish the same as per law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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