See court shall decide based on the material on fact since if there is no proof with mother that the deed was executed with coercion. If mother fails to prove same in the suit further since it is self earned then in that case her case won't succeed.
Gift deed
My father executed gift deed for his own earned house in 2013. he has availed home loan from his central government office and constructed in 1979 and got cleared. my mother and other children are having family problems with my father from my childhood. now, my mother filed suit against my father and me IN 2013 stating that this property is belongs to her as her father gave her as 'pasupu kumkuma'(shtri dhana) at her marriage with my father IN 1953. THIS CASE IS STILL GOING IN COURTS. in the year 2017, my mother has got will deed executed by my father with coercion AND FILED SUIT THROUGH MY FATHER STATING THAT I HAVE GOT GIFT DEED WITH COERCION. MY FATHER DIED IN JAN,2018 (85 YEARS). NOW, BOTH THE CASES ARE RUNNING. NOW MY MOTHER IS ASKING COURT TO REPRESENT AS LEGAL HEIR OF MY FATHER. COURT HAS AGREED FOR THAT. BUT THE GIFT DEED EXECUTED IN MY NAME BY MY FATHER IS CLEAR IN ALL ASPECTS. AND, PREVIOUSLY THOUGHT WRITTEN STATEMENT TO COURT HE EXPRESSED THE SAME THAT WITH SOUND MIND AND HEALTH HE HAS GIVEN THE PROPERTY AS GIFT. HE EXPRESSES HIS FEELINGS WHY HE HAS EXECUTED THE GIFT DEED AND THE TORTURE FACED BY HIM WITH OTHER FAMILY MEMBERS TO THE COURT. HE REQUESTED ME TO LET MY MOTHER STAY IN THE SAME HOUSE TILL HER LIFE. I ACCEPTED AND SHE IS LIVING THERE ONLY. I AM AWAY FROM THAT HOME. NOW, WHAT IS THE POSITION OF MY MOTHER (80 YEARS) AND WHAT WILL BE THE DECISION TO BE TAKEN BY COURT OF LAW.
Asked 7 years ago in Property Law
Religion: Hindu
9 Answers
I REQUESTED THE COURT TO CLUB THE BOTH THE CASES, WHERE IN ONE CASE MY MOTHER FILED CASE AGAINST MY FATHER AND IN OTHER CASE SHE IS STEPPING INTO THE SHOES OF MY FATHER AS LEGAL REPRESENTATIVE AFTER HIS DEMISE FOR THE SAME PROPERTY. NOW I WISH TO GO TO HIGH COURT AND GET THE STAY FOR THE DECISION GIVEN BY LOWER COURT TO ALLOW HER AS LEGAL REPRESENTATIVE. SHE TORTURED MY FATHER LIKE ANYTHING WHEN HE WAS ALIVE. IN THE FIRST CASE HE HAS GIVEN ALL DETAILS AND SUBMITTED TO COURT THROUGH WRITTEN STATEMENT.
Asked 7 years ago
Once gift deed is executed duly stamped and registered you are absolute owner of property
2) you can rely upon written statement that gift deed was executed out of own free will
3) your father could not have executed will as he was no longer owner of property
4) court ought to pronounce judgment in your favour
No stay would be granted against lower court decision for your mother to continue case as legal representative
however both suits can be clubbed together
After gift deed executed you are a sole owner of property.
If Your mother dont have any evidence of transaction then she will not succeed in case.
Since there are evidences that your father purchased this property out if his own income and also has given a written statement to the court about the tortures he had faced and that he had voluntarily executed this gift deed in your favor, your mother's suit is not maintainable in law.
She may be fighting a losing legal battle.
You better follow up the case properly without any lapse from your side so that you dont lose any vital issue which may become fatal to your defence and interests in the property.
Conducting both the cases separately may be advantageous to you.
You can counter her on the same point stating that she is opposing him in one case and in another case she is fighting on his behalf without any locus standi.
If you want to approach high court for stay then the cases may get dragged more further in the lower court which will frustrate you more, hence think properly before taking any such decision.
Hello,
The decision will be in your favor since the father has deposed before the court that the deed was made with free mind
You may file a revision against the said order by means of which she has been substituted.
Note: The advise has been given based on the limited facts provided by you and might vary after seeing the entire documents .
Regards
It will be decided in light of evidence it will be confirmed or cancelled depending on the same by the court
