Hello So in 1992 my father bought a property and during that time the person who has been given the title didn't have to go to registrar office for signatures so my father went and purchased it on my mother's name. There isn't any sign of my mother in it. My father has signed on every page of it. Now my mother and father live separately without divorce. I got married and my father gave me those papers to me as gift. My mother doesn't want to sell it and I have the original papers as well. Disputes are so bad between my parents that she doesnt want to use that property or sell it. What can be done? Do I have any rights in that property or I should hand it over to my mother as has the title? Also my father doesn't want come between us now. He has just handled me the property papers. I also have GPA of this property as my mother was ready to sign but her mind changed and now she doesn't want to and has stopped talking to me ,wife and kid.
your mother can only execute gift deed in your favour
2)hand over original documents to your mother
3) since your mother is not willing to execute registered GPA in your name you cannot sell the property
4) at most you can file suit for partition claiming share in property as property was bought by father in mother name for benefit of joint family
1.If the proeprty was purchased in the name if your mother then she alone would be treated as its owner.
In that event mere having the papers of the deed would not make your the owner of it.
2.As it appears that the dispute is between your parents. In that context you may request your mother to make a gift deed in your name.If she does not agree then you can at least with her permission enjoy the property.
3. If your mother executed GPA in your name,she cna revoke it at any point of time.
In other words your mother being the owner of this proeprty she alone can take decisison on it.
1. Is the sale deed executed in your father or mother's favour? The title passes to the buyer only when the seller signs the sale deed in his favour and it gets registered.
2. Consult a lawyer with a copy of the documents that you have to ascertain if your father/mother has the title to the property in the first place.
1. You cannot sell the property if there is no gift deed in your name executed by your mother.
2. Try for loan with local bank by depositing the title deeds and use interest on that amount as charity to poor
3. Take consent of your mother and gift it some temple trust.
Hi, since the property is in the name of your mother , you cannot sell or transfer it without her consent
I understand the title is on her name But the thing is she has no interest in it. She doesn't want to sell it nor she wants to use it or let me use it. In that case can I file suit for partition?But it's not ancestral property so still can I ?
Show me papers.
Hello,
Please note that the gift deed can only be executed by your mother, since the property is in the name of your mother.
If your mother is not willing to execute GPA in your favor.
You have this liberty of filing a partition suit since the property was purchased by your father in the name of the mother. Therefore, you can act accordingly
Regards
Yes you can file the suit as advised earlier, a suit for partition will lie.
Contact a local advocate.
Regards
You can file suit for partition as property was bought by father in mother name for benefit of joint family
1. you may try to file a suit by your children and see that a share is claimed by your children in the capacity of grand children.
2. Let the property stand in your mothers name till her death, when she is not willing to part with.
What is the age at which my child can file suit as grandchild? My mother and father lives seperately Me,my wife and child (5 years old) also stay in a different house (not staying with my mother from last 2 years) She has a salon and doing well in her business.i also give her money every month. My father is free lancer and has few good valued properties and he hasn't helped me or my mother since we have left him(been 15 years) So what is the age my son can claim for his rights in my father's property?
your child cannot file partition suit as it is not ancestral property
2) you have no share in father property during his lifetime
Answers for these questions may require personal counselling, please take permission of management of Kaanoon web site and visit personally.
This property is not ancestral, and its in ur mother`s name so no partition possible in ur favor.
Only after death of mother, u will become 1/2 share holder in the property along with ur father.
Do I have any rights in that property or I should hand it over to my mother as has the title? ---- No right, so enjoy possession.
What is the age at which my child can file suit as grandchild? -- He has no right,
So what is the age my son can claim for his rights in my father's property? - no right
Please note that your child as a matter of right can not file a partition suit to claim a share in your father's self acquired property.
Regards
What can be done?
Do I have any rights in that property or I should hand it over to my mother as has the title?
Just like that getting the documents without getting the property transferred to yor name by a registered deed shall not confer title on you to the property.
Since the property is on yor mother's name, it is her own and absolute property, you may give the title documents to her.
I also have GPA of this property as my mother was ready to sign but her mind changed and now she doesn't want to and has stopped talking to me ,wife and kid.
What is your intention on this?
Is the GPA deed a registered document?
If your mother has not executed the GPA deed in your favor then this document is not valid.
If your mother do not want this property to be sold, why do you insist on it?
Legally your mother is the absolute owner of the property whether she signed the papers or not since the property stands on her name.
I understand the title is on her name
But the thing is she has no interest in it.
She doesn't want to sell it nor she wants to use it or let me use it.
In that case can I file suit for partition?But it's not ancestral property so still can I ?
If you dont have any rights in this property how can you seek partition, you have no rights or interest in the property hence no such case is maintainable.
Whether your mother utilities the property or not, it is her property hence you cannot claim any right to even use it without her consent.
What is the age at which my child can file suit as grandchild?
When you yourself do not have any right i the property, how can yor child have any right in this property?
Your child cannot file any suit at any age since the child is not having any right in it especially during your lifetime.
My mother and father lives seperately
Me,my wife and child (5 years old) also stay in a different house (not staying with my mother from last 2 years)
She has a salon and doing well in her business.i also give her money every month.
My father is free lancer and has few good valued properties and he hasn't helped me or my mother since we have left him(been 15 years)
So what is the age my son can claim for his rights in my father's property?
Neither your son nor you have any right in your father's proerty at least during his lifetime.
Property is of your mother you can't do anything about it
