• Mother wants to take back regsitered Property in my name

Dear Sir,
From couple of months we are facing family disputes in between us in which my Wife filed DV case against me and in which she was living with me in my home which is actually in the name of my mother which is a GPA property. My mother already lost Senior Citizen Case and now she is targetting me since she already filed Mandotory Injunction and eviction against me and now she is harassing me to take back my registered property also for which she paid some amount with Demand Draft 7-8 years ago. But now i already paid up the complete amount which is already being provided to her in cash as per my bank statement. She already provided me legal notice before also and is harassing me to take back my registered property. Since she is giving excuse that i seduced her and took that property which is complete baseless allegation. Now she is using every trick to kick me out from her property in which after shifting i already paid up the handsome capital and renovated that property as per my own . Some of the recordings i have as well which shows that she is saying that this property is of mine and with malafide intenton she already disowned me in 2016 and renovated the complete flat in 2017 without giving any notice to me that i had been disowned which shows there hidden intention. But now in influence of my brother she is using these tricks and want to take that property as well which belongs to me. She is holding already 4-5 properties in her name but she is having evil eye on my property as well. Please advice what should i do in this case or what are the suggestions that i can take to cover this property?
1. Can i make gift deed in name of my minor daughter? Is this safe?
2. Can this be treated as Benaami property and can be rejected in court if this comes in court?
Or what are the other available options ?

I have been told by many lawyers that she cant take back property in my name but then how can she even file the case and given Legal notice regarding that ? Please help to understand what are my points for defence on this ?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1. you have been rightly advised, she has not transferred the title of the property on your name and therefore she can not take it back. At max, she can file a case to claim 5-7 lakhs.

2. There is no point in transferring the property to your daughter's name by means of the gift deed ,as the false case can be filed in that case also.

3. You must tender a reply to the legal notice.

4. If she further harasses then lodge a complaint before the police and also file an injunction suit that she be not allowed to visit your property and enjoy the absolute possession of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir,

You can very well make gift deed in favour of your daughter. The property is self acquired by you, so there would not much difficulty in establishing your ownership .lt Is in your possession, i suppose.

You can have a meeting for detailed consultation,if you like.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear Client,

GPA with consideration cannot be revoked unilateral. What powers assigned you via GPA, if alienation in any manner than you can gift ii to your daughter.

This is not Benami proerpty, once gift deed executed, she will become absolute owner, no right of you except guardian till she become major.

She can file case but success not guaranteed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) you can execute gift deed of property in your daughter name

2) gift deed should be duly stamped and registered

3)since mother already has other properties she cannot take property gifted to you

4)once gift deed is executed you are absolute owner of property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1.Yes you can make a gift deed on name of minor daughter keeping yourself as the legal guardian,

2. No property gifted to relatives is not the benami property it will be fair transaction.

Sir she has no right on the property in your name any suit filed by her is not maintainable. Sir the property is registered in your name you paid for same you donot need any other defence in such case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) I have already replied to your query that you can execute gift deed infavour of your daughter

2) mother can claim share in property if she has made part payment

3) do you have any evidence of payments made by you in cash

4) contest suit filed by mother

5) take plea that money advanced by mother has been repaid by you

6) that she has other property in her name

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Yes you can do it is safe. There wont be any issue for transferring the property to your daughter.

02. No you can claim that said amount was given as loan and you returned same.

03. She can evict you in the property she is GPA holder even if sum invested by your wife she can recover same,

Further she cannot take the property registered in your name in any circumstance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your question is not clearly worded. I am assuming that you are referring to two separate properties: one in the name of your mother in which you are/were residing along with your wife and mother, and another that is registered in your name and to which this question pertains.

I am also assuming that by senior citizen’s case you mean an action under the Maintenance and Welfare of Parents and Senior Citizen’s Act with respect to the second property that is in your name.

If that is so, you have been advised correctly that her case for injunction simpliciter has no merit without possession. You can file an Order 7 Rule 11 application in the said suit for plaint rejection arguing that it lacks a valid cause of action inasmuch as she is neither in possession nor has claimed as much and can’t seek injunction (simple injunction can only be granted where the plaintiff seeks to protect his peaceful possession).

What shape the Order 7 Rule 11 needs to take will depend on the exact facts of the case and your mother’s plaint? Since neither are before me I cannot give you proper advice on this score.

If you have better title—as it appears from your question—you can say so in your written statement along with supporting documents and she will have to amend her plaint to ask for a declaration of title. (Please see Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs

& Ors AIR 2008 SC 2033.)

You can also bring a suit of your own for declaration of title and prohibitory injunction. Again, I will need a better grasp of facts in order for me to advise as to what course of action to choose.

You have been advised correctly by your lawyers, it would appear. Your case appears to be strong based on your description. People can send all kinds of legal notices and file all kinds of suits. I know it’s frustrating, but it is what it is.

As for the whole gift deed business, you are free to do as you please if there is no cloud over your title to the property. But it isn’t necessary. You should focus on defending any lawsuit, or, alternatively, on bringing one of your own as advised above.

I hope you have some clarity now. Follow-up questions welcome.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

1. As advised she can no take back the property registered on your name.

2. There is no legal impediment in transferring the property to your daughter.

3. Your wife can file a case against her and can claim her share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Can i make gift deed in name of my minor daughter? Is this safe?

\Your mother cannot revoke the registered deed executed to you long back.

She has no rights over the property already transferred to your by a registered document.

You can file a mandatory injunction suit against her restraining her from interfering in your possession and enjoyment of the property that stands on your name.

If you are afraid of such tortures, you may better transfer the property to your minor child's name making your wife as the guardian to the minor child.

Minor's property cannot be claimed by anyone till the minor becomes major by age.

2. Can this be treated as Benaami property and can be rejected in court if this comes in court?

Or what are the other available options ?

This is not benami property, however her claim on the property, on the basis of your information, is not maintainable

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. If you still feel unsecured about this issue, you may go ahead with the proposed transfer to your daughter's name

2. It may not be possible, you can challenge her claim in the court of law.

3. The property is under GPA, what do you mean?

Have you a registered title deed on your name on this property?

If not what is the status of property.

If the property is not on your name then you may not be able to establish the ownership.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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