• Defective title to property

An ancestral property belonging to my great grand parents, was given for development; and the builder / developer gave my mother three flats. My mother has given all the three flats to my younger sister by way of registered gift deeds, and left nothing for me. Whether her title to the three flats, which are in lieu of price consideration of the land is proper ? As it was joint ancestral property , never divided by concerned parties as a partition deed, nor through any order from any court, would not my mother's title to the flats be illegal ? Would it not amount to the Donne (My sister) acquiring a defective title, as the Donner herself (My mother) never at any point in time had a clear, exclusive, unencumbered title to the property. Further, even today stands in the name of my great grand parents, in revenue records ? Your advice please.
Asked 7 years ago in Property Law
Religion: Christian

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5 Answers

.1 It appears thelamd belonged to your maternal grand parents.

2.if that sis o then your mother have exclusive title over this and the concept of ancestral proeprty does not apply for female.

3.SO if your mother willingly transferred the properties to your sister you can do nothing about this.

4. Your sister have valid title in the proeprty and no amount of challenge from your end can make it defective.

5.Recording of Revenue Records does not change title in the proeprty.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) There is no concept of ancestral property among Christians

2) During your parents lifetime you have no share in property

3) entry in revenue records does not confer title to property

4) on great grand father demise mutation should be done in name of legal heirs

5) you can file suit to set aside gift deed on account of undue influence

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

You're absolutely right. Since, these flats were received in lieu of ancestral property belonging to your great grandfather, all the coparcenars would have commode interest in this property as against your mother.

Challenge the said transfer to your sister in the civil court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. The concept of ancestral property does not exist in Christian law.

2. From your query it does not become clear as to how your mother got the title to the property which was eventually gifted by her to her daughter.

3. The title of the donee will be defective only and only if the donor did not have the competence to execute the gift deed in the first place.

4. If you have evidence to prove that your mother had no title to the property which she gifted to her daughter, you are free to file a civil suit for declaration of the gift deed as illegal and void in the civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Your understanding is absolutely right.

Your mother cannot acquire title to the entire property?

What about your father, whether he is living or not living anymore?

If your father is alive then your mother cannot have even a share in it as a right during his lifetime.

Well, you have the options to file a partition suit and also a permanent injunction against your mother and others.

You can claim your legitimate share in the property as a legal heir of your father.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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