Self acquired property by father He gifted to me through a gift deed i have taken loan on it also my mother also in witness it been three years now wht shall I do now If he file a suit for partiorion
We r two son and two daughters
My brother can file a suit on me if he does Wht shall I do I want my property to be clean
Mytbrother giving taunt the he will file a suit for partition
Hi,
After gift deed, the property is vested with you and no suit of partition will be maintainable on it. So, you need not worry. However, you are suggested to maintain cool and respect attitude towards parents because the gift deed may be cancelled as per maintenance of senior citizen act of 2007, if the child fails to maintain parents.
Once gift deed is executed duly stamped and registered you would be absolute owner of property
2) suit if any by father would be barred by limitation
Suit would be barred by limitation
Your brother suit for setting aside gift deed would be barred by limitation
Your brother has no share in property as father has executed gift deed of his self acquired property
1. let him file the suit (partition), just defend the suit,
2. your father can distribute/gift the self-acquired property as per his own wish,
3. the gift deed in your favour is VALID,
Dear Sir,
It being a self acquired property of your father as such he has absolute right to execute gift deed in your favor. Suit may be filed by them for partition but they have to contend that gift deed was executed by him without going through its contents etc. After long battle their suit will be dismissed. Be Cool.
No he can't do anything as of now once the property is transferred to donee by donor.
If you wish to cancel this gift deed only possible otherwise not.
1. Your father was free to gift his self acquired property to you.
2. Your brother can challenge the gift deed only on the ground that his father lacked the legal competence to gift this property or that his consent was not a free consent, which he will have to prove.
3. Let your brother go ahead and file the suit and you can contest it fittingly.
See once he had made a gift in your favor in normal.circumstances he cannot cancel same though father if senior citizen may file for cancellation of Gift under Senior citizen welfare and maintenance act.
You have to contest the suit , though partition suit after gift is non maintainable.
Brother has no right over the property in case father made a gift.
No partition suit is maintainable for partition in your case.
The gifted property is now your making you the absolute owner. No one else shall have any right or interest to the property.
You do not need to be worried about demands of others for the property.
If it's a self acquired property gifted to you. He can't file suit for partition for the same
1. Since the property was self acquired property of your father, your father had impeccable right over the property to take any decision regarding the property as he was the absolute owner and he was within his legal rights to have executed a registered Gift Deed in your favour.
,2. Even if your brother files a case for partition,, it can be countered by the production of Gift Deed in your favour, by your father.
If the property is transfered to you through Gift deed then partition suit will not be maintenable by your siblings on that property.
He can file suit but you have good defence because the property is transfered to you through Gift deed.
once registered gift deed executed then he/she cannot file any partition suit.
your siblings has no share in said property.
let's tell your brother to file partition suit. it is not maintainable even in case if he filed you are absolute owner with valid registered gift deed.
1. Is the gift deed registered?
2. If yes, then the property is yours.
3. Contest the partition suit fittingly.
If your father has registered the gift deed in your favour then you are now its absolute owner.
1. Get the mutation done in connection with the said property.
2. Thereafter contest the partition suit if filed by your brother.
1. Let him file the partition suit.
2. Contest he suit fittingly if he files.
Who will a partition suit?
Your brother?
He cannot seek partition of proeprty from your father for the property fully owned by your father at least not during his lifetime.
Moreover your father has already transferred the property to your name by a registered gift deed, which cannot be challenged by him.
Any suit filed by him shall not be maintainable.
Since it is your father's self acquired property, your siblings canot challenge your father's act of transferring the property by executing a registered gift deed in your favor.
the suit to be filed by your brother is not maintainable in the wake of the property being transferred to your name by a registered deed, hence you need not be worried.
Let him tell anything, you just remain silent, he cannot succeed in any such suit.
- As per law, If the property is self acquired by the parent, then a son or daughter has no legal claim in it. He is free to bequeath the said property to anyone as per his wish by way of WILL or Gift deed.
- Further , the property , which a son or daughter receives as a Gift from the father, becomes their self acquired property.
- Since, your father has Gifted the said property in your favour, hence now it become , your self acquired property , and none has right to claim over it.
- If, your brother/sister will file a case of partition, it will not maintainable before the court, and they will not get any relief from the court as well.
Good luck and dont forget to rating Positively.
Dear Sir,
Self-acquired property can be disposed of in any manner. Any right in the self-acquired property arises whenever the person dies intestate.
The property is gifted to you by your father, then you are absolute owner of that property. No body can claim it. Nothing to worry.
If the property is self acquired by the parents, a son has no legal claim in it. You can bequeath your property to anyone you wish to, by the means of will, or you may gift it to any person by a gift deed
