Once gift deed is executed your grandmother would be absolute owner of 50 per cent of property

2) grandmother is st liberty to sell the property

3) your mother consent is not required

Your mother has no share in property

In Suit for partition mother would not get any reliefs

1) merely because your mother name is still in revenue records does not make your mother owner of 50 per cent share

2) I presume your mother executed registered sale deed in favour of her grandmother

1. Has the share of the property standing in the name of your mother gifted by her to your maternal uncle through a registered deed or just verbally?

2. If it was gifted verbally, you can claim the said property denying the said verbal or through unregistered gift deed..

3. If she had gifted her share of the property by registering a gift deed, then it can not be cancelled now.

1. If it is a registered gift deed, then you can claim that she was coerced in to registering her share by your maternal Uncle which you are challenging now after having come to know that her said share of the property has been registered in favour of her brother.

2. If you are staying in the said property for more than 152 years then you can claim adverse possession of the property which is in your physical possession against the expressed wish of your maternal uncle.

1. Though land record does not indicate the title of the property, you can take this opportunity to claim that she was coerced/cheated in to registering the said deed for which your Uncle did not change the land records to hide the fact from others.

2. You can also claim adverse possession as advised in my earlier post.

Once the gift deed has been made then the same can not be revoked easily, challenge the gift deed saying that the same has been made fraudulently and thereupon file a partition suit

That is great if the record is in your name, keep the possession and challenge the validity of the gift deed

Regard s

Having already gifted her share(50% stake) in this house to her mother, your mother cannot seek back her stake/share.

If the gift was given by free will and consent, this gift cannot revoked.

Your maternal uncle and grandmother being the absolute owner of this property are free to sell this house.

Revenue record is not a proof of ownership.

Perhaps, your grandmother had not got her name entered in the land records on the basis of the gift deed which was executed in her favour. But this will not take away the ownership from her.

1)For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

Check whether gift was registered or not

1. It appears your mother have already transferred her half share in favour of her mother.

2. If that transfer was made by a registered deed then its valid and binding upon your mother making her divested of her right, title and interest in the property.

3. In that event your mother can't claim any rights over this. Her name still appearing on the Revenue Records doesn't improve her case any further.

Once your mother had transferred her share in the property she owned in favor of her mother by a registered deed, she cannot claim it back.

You cannot claim any right in it just because you are residing in it.

You cannot reside in the place which do not legally belong to you and the constructions what you have made on it can be considered as illegal and they can even claim damage to that effect stating that you have spoiled or damaged the original structure and are liable to compensate for the damages caused.

If you have been served with an eviction notice, you may have to vacate the house since the house property do not belong to your mother anymore.

If we suit a partition is it validate or what should be our legal stand point

'No suit for partition or any claim in the property may be maintainable in the given circumstances, it may be a futile exercise.

But the record of 50 percent still in my mother's name

You have not stated that whether your mother transferred her share in the property to her mother by a registered gift deed or just an unregistered deed.

If it was by an unregistered deed, she may file a suit claiming her share in the property stating that the unregistered gift deed is not valid in law since it was obtained by force by her mother by a sentimental and emotional blackmail.

Yes they can very well sell that as your mother have already gifted it.

The legal position of valid Gift, is "Given and Accepted" once donee accepted and acted upon, then the gift cannot be cancelled.

1. On the execution of the gift deed the title in the property instantaneously passes to the donee whereupon the donor ceases to have any right, title or interest in the property. You cannot challenge the gift deed as the title has passed to the donee i,e your grandmother.

2. Having the revenue entry still in your mother's name does not make her the owner as revenue entries are not documents of title.

Sir

By gifting a property to the donee the title of the property goes to the donee and he/she (Donee) have every right to deal with the property.

Thanks

You need to challenge the gift deed in court.