My name is Balaji, i am from Calicut, kerala. I have a dough which i wanted to clarify. year of 2004 my mother in law gifted her property to me, along with my wifes name, now my brother in law is creating problems. I blindly remember, long back i have red in news paper mother can gift her proper whom ever she wish, is that true and pls advice on my issue.
Looking forward for your valuable advice
Asked 2 years ago in Property Law from Calicut, Kerala
What was the mode of such transfer? Gift deed or will? Registered Document or not? In case of a will have the probate been granted? In case of any other mode of transfer have you transferred the title deeds to your name.
If the transfer of Title Deeds are complete then you are secured and even if your brother in law files title suit chances of succeeding are rare. More importantly pending litigation your possession will not be disturbed.
Hi, if the property is the self acquired property of your mother-in-law then she can gift the property any body she likes and no one can question it.
2. From your narration it is not clear whether property gifted is the self acquired property or ancestral property and if the property is the ancestral property then your mother-in-law can gift the property to an extent of her share only.
1) is gift deed duly stamped and regd?
2) have you and your wife been handed possession by mother in law
3) if so you and your wife are absolute owners of property
4) your brother in law has no rights on said property
1. Has the gift deed been made in accordance with the law? Has the property been mutated?
2. Anyone can gift to anyone the property owned by him. You and your wife are the owners of the property if the gift deed has been executed in a legally valid manner. Your brother in law has no share therein.
1. If the property gifted to you & your wife by your mother-in-law is her self-acquired property and the Gift Deed is duly stamped & registered before the sub-registrar and the donees have accepted the gift, then the gift deed is a valid document.
2. I presume that based on the Gift Deed in 2004, you & your wife's name is mutated in the property records maintained by municipal corporation.
3. The objection raised by your brother-in-law is not tenable if the above mentioned conditions in (1) & (2) are satisfied.
1. If the said gift deed has been registered by your mother in law, then the gift deed is perfectly valid making you the co-owner of the property gifted to you alongwith your wife,
2. If the said gift deed has not been signed before two witnesses, not accepted by the donees and not registered, then it will be treated as an invalid gift deed.