We are 2 brothers and 2 sisters . There is a residential house which is registered on both my father and mothers name. My mother without my fathers consent giftedly way of registered gift deed 50% of the property to my brothers. On coming to know this my father immediately gifted the remaining 50% to me by way of registered gift deed fearing that my mother would gift the remaining property also to my brothers without his consent. After this my father filed a suit for declaration of title against my mother and brothers saying my mother is a benami and had no right to gift away the property . My mother could not prove that she contributed towards the purchase of the property during trial but still the lower court dismissed the case and then an appeal is filed and pending in the High Court. Pending the appeal in High Court my father again executed a registered gift deed for the remaining 50% of the property in my name and my sisters name mentioning in the gift deed that the 50% gifted by my mother is also his property. NOW the question is there are 3 gift deeds registered . One is 50% of the property executed by my mother in my brothers names and one is 50% of the property executed by my father in my name and one is for 50% executed by my father in my name and my sister name. So I have 2 gift deeds where in I am 75% owner and my sister is 25% owner and my brothers have a gift deed where in they are 50% owner. Both my parents are still alive and the case appeal might go on for a long time and my parents might not survive the appeal. SO what would be the out come and what would happen to the property finally. I and my sister are in possession of the property and both my brothers stay in America.
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1) your father could not have executed second gift deed in your and your sister favour
2) your father has only 50 per cent share in property balance was in mother name
3) unless gift deed executed by mother was set aside and father declared absolute owner of property he could not have executed second gift deed
4) amicable settlement is the best option
My father did execute second gift deed . My fathers case is that my mother was only a benamidar of him in the sale deed and I am told that as per the Benami act wife can be a benamidar of husband. My mother cannot prove that she contributed towards purchase of the property in any way so in all probability my father will win the appeal.
As on date mother is 50 per cent owner of property
2) trial court has rejected your father case that he is absolute owner of property
3) your father could not have executed second gift deed . Hence the gift deed would not stand legal scrutiny
Eventually, 75% of this property is going to come to you and the remaining 25% to your sister. That's because your mother will never be able to prove that she too contributed with your father towards the purchase of this property, particularly in case she has been unemployed throughout.
Be assured, sooner or later the aforesaid arrangement will become the reality.
Dear Client,
Since the property is in joint ownership, your mother haves absolute right to gift her share in the property by her choice, only remedy available to your father is, if he can prove that the property bought, by his absolute funds and no contribution of your mother and also for his benefits only than only the the gift deed executed in your brother favors can become invalidate as non est .
and this declaration only be possible through pending appeal, so push on appeal, otherwise 2nd will is valid and 3rd non est for gift without title.
property purchased by a husband in the name of wife is not a benami transaction. when the property stands in the name of husband and wife jointly, both of them are joint owners having equal share. so the gift deed executed by female owner of the property is valid. the court case will go in favour of female owner. the first gift deed executed by the male owner is valid others are invalid.
The appeal preferred by your father is not maintainable and it may also be dismissed.
The subsequent gift deed made by your father is not maintainable in law or facts becasue there is no property available to be gifted to you
My father did execute second gift deed . My fathers case is that my mother was only a benamidar of him in the sale deed and I am told that as per the Benami act wife can be a benamidar of husband. My mother cannot prove that she contributed towards purchase of the property in any way so in all probability my father will win the appeal.
The property registered in your mothers name shall be her own and absolute property hence there are very dim chances that your father will win the appeal.
the gift deed executed by your father subseuently is also not valid in law.