Hello, 3 of my mothers sisters who are unmarried jointly then the gifted deed of there jointly owned residing property to my mother. One of the three sisters expired in 2015. In 2016 my mother gift deed a gift deed of the said property jointly to me and my brother. Now one of the three sisters the youngest one is creating problems listening to other relatives that is her brother's wife and children and fighting for the property to be divided into half as only two sisters are surviving. Even after the gifted The Three Sisters war and are still residing in the same property as my mother has got her own house she occasionally goes to visit them but never stays. The third sister is physically and verbally abusing. She wants her sister to move out if the house or my mom or us not visiting her. We r the only support for my aunty and the sister has a whole family supporting her as everyone is against the sisters gifting the house to us. Can we do something to stop the third sister from torturing us and her other sister. We r scare she could even go to an extent of killing her sister and making it look like a natural death as the abusing sister is a doctor. They r in their 70s and creating such issues with the support of relatives.
Once gift deed is executed duly stamped and registered sisters ha e no share in the property
2) question of dividing property does not arise
3) your mother could have executed gift deed in your favour and thatof your brother
4) if sister is abusive police complaint can be filed against her under section 504 of IPC for intentional insult with intent to disturb peace
1. As soon as the gift deed is executed it results in an instantaneous transfer of title to the donee whereupon the donor ceases to have any right, title or interest in the gifted property.The only remedy then left with the donee is to file a suit for cancellation of the gift deed on the ground that consent to execute the gift deed was obtained through coercion, undue influence or fraud which has to be proved through cogent evidence.
2. File a criminal complaint against the sister in the jurisdictional police station.
Once gift deed is executed in your mother's favour your mother becomes the absolute owner of the property. and your aunt can not claim any right over the property gifted to your mother.
If you are feeling like threatened by the acts of your aunt please file a police complaint stating all the facts as you have mentioned herein and request the police to do the need full.
And you may also file case for injection restraining your aunt from interfere with peaceful possession of the property.
Dear Sir,
1. Your problem is very simple. You can file a suit for permanent injunction and get ex-parte temporary injunction against all trouble creating persons including your aunt and her relatives. The plaint averments must state that it is in your physical possession on the basis of gift deeds. Soon after getting such ex-parte order try to evict them by muscle power. Let them go to police and Court.
The sister who is being abused, may report this matter pertaining to her abuse and harassment before the Police.
Alternatively, she may also approach the Senior Citizens Tribunal and report the instant matter.
hi, if you fear any such threat from her , then it is advisable to report it to the police..
Thanks for all ur useful suggestions and information. Even today my the third sister has hit and kicked the other sister and the falsely complaind to the police that my aunt hit her and the cops had come home and shouted at my aunt. She is acting as though she is being life threatened whereas it's the visa versa. She has even filled dispute over the property.
install CCTV cameras in house
2) video recording would help in making out case against the culprit for assault
Hello,
As and when she indulges herself in such activities, try and record the same.
For this purpose you may install 1 or 2 spy camera in the house
Also give a police complaint with regards to such activities of the younger sister, and also if the police refuses to take such complaint then lodge a complaint before the magistrate u/s 156(3) of the Cr.p.C.
Regards
Let me tell you one way for the time being to harass her, ask your aunt to drop a Meagan and mail to each and everyone that the lady has tried to kill her but she save herself.
Then, you all take those messages to the police station and file a written complain over there.
Now, she will be in problem not your aunt.
And also it is very easy for you to prove that the lady an idea about the previous gift deed and limitation period of 3 years have been over now.
She won’t get anything.
This matter must be immediately reported to the police so that a FIR is lodged on the abusing sister.
Incidences of abuse and violence may be captured in a hidden camera to create evidence.
Dear Sir,
The best advise is to file private complaint and see that she and her supporters make rounds around the criminal courts.
Secondly, if FIR issued against you and your relatives then please approach the HC and get the investigation stayed.
Now the third sister the abusive one has filed a petition with the turbunal court stating that she gifted the deed wholeheartedly and bow she wants her share back as she is not happy with us. The property has been passed on from my mom to me and my brother. Would it be a problem and also how should we tackle this. Thanks
INstall CCTVs inside the house to record her cruel acts and then file a criminal complaint against her. Your sister is a step ahead of you, so collect evidence against her before going to police.
Since she has filed a petition for cancellation of gift deed you should contest it.
1) gift deed cannot be set aside as per whims and fancies of the donor(sister)
2) once gift deed is executed title passes on to donee
3) court would not set aside gift deed
A gift deed is absolute and it is acted upon and further the property is also transferred to the third party in the circumstance your aunt can not claim before the court to revoke the Gift deed.
Your mother has absolute rights to bequeath the property to whomever she intends. Once the donee accepted the gift and acted upon in furtherance of the same, the donor cannot unilaterally demand cancellation of the gift deed.
If your mother's sisters have transferred their share in the property by executing a registered gift deed, then that gift deed canot be revoked now for any reason.
The sister who is now disputing about this may be asked to approach court for relief and not to fight directly with you.
If she is still continuing to do so, you may lodge a police complaint against her for creating nuisance and torturing you all.
Even today my the third sister has hit and kicked the other sister and the falsely complaind to the police that my aunt hit her and the cops had come home and shouted at my aunt. She is acting as though she is being life threatened whereas it's the visa versa. She has even filled dispute over the property.
You should advise your aunt to lodge a complaint from her side and let the counter case be filed and the court to decide about the dispute.
Now the third sister the abusive one has filed a petition with the turbunal court stating that she gifted the deed wholeheartedly and bow she wants her share back as she is not happy with us. The property has been passed on from my mom to me and my brother. Would it be a problem and also how should we tackle this.
Her claim is not maintainable.
Her suit is always not tenable in law.
You have to challenge the same on merits and documentary evidence before the trial court.
Do not worry, the same shall not be a problem
File a counter case against such claim.
Regards
All your valuable answers are highly appreciated. Thank you once again just another small question, I think the abusive sister has bribe one of the cops a single badge guy and that guy keeps coming home in the pretext of inquiring whenever she gives false complaints my other aunts patient who has very high BP and is also on depression medicine medications. She gets very tensed and the person the cop who comes tries to talk very rudely and scares her even more is a something I can do about it. We have also decided to fix CCTV camera as per all your suggestions is it somewhere we can get the abusive and out of the house for good so that The Other aunt can live in peace and also we get peace of mind.
file a complaint with regards to this to the SHO of the police station and also to the SP of the city.
Note down the name of the police official
Mention in the complaint that the said officer is acting outside the official capacity
Regards
If the cop is visiting the house unnecessarily, then you may contact an advocate and issue a legal notice to the visiting cop to refrain himself from unnecessarily torturing them by his frequent visits in the name of inquiry and whatever inquiry be made let him get an approval from his higher authority.
He should not take the authority in his own hands.
A copy of this notice may be endorsed to the higher police official which will bring that corrupt cop under control.
She should file a counter complaint against the abusive sister and report the incidents of violence that she has been facing.
If her complaint/FIR is not lodged, she may file a private complaint before the Magistrate.
Complain against abusive cop to his senior in police station
2) install CVTV camera as advised
3) you cannot throw abuisve aunt out of house but can seek protection order restraining her from disturbing other aunt possession of house
File a petition in the HIgh Court to seek protection against police harassment. The single badge guy will be taught a lesson.
capture the video of threatening of the cop and furnish the same to the commissioner and to the court.
Collecting evidence is one aspect, the other aspect is write to commissioner of police, home secretary about the cop's misbehaviour. Take your aunt's signature and proceed to file a criminal intimidation (506 IPC), 294b(obscene words), 354 (Outrage the modesty of women) and 447 (trespass). If none entertains your complaint, file a private complaint in the local magistrate court.
1) If she has gifted the property, whether that property was registered with registrar?
2) she cannot cancell gift deed now, as its not irrevocable by the gift act.
Hi, you are suggested to approach higher officials of the police and project the problem. If not solved, approach the court.
