Once sale deed is executed duly stamped and registered you would be absolute owner of land
2) further once relinquishment deed is executed duly stamped and registered you would be absolute owner of property
3)your sister has no share in property
Mother's self-acquired property to daughter
Hi, My Mom purchased a land in Bangalore in 1984 via GPA from third party as a holder. In 2007 she sold it to me (not a gift deed) for Rs 14 lacs. I paid this amount to my Mom in installments and both me and my Mom residing in the same land since 1984. In 2017, when all the debts were cleared by me my Mom gave me a Release of rights (Hakku bidugade Patra) stating that she doesn't have any right over the property and released every right to me. Katha is transferred to my name as Owner of the property. Since then i am paying the property taxes in my name. (Both Sale deed & Hakku bidugade Patra is registered). In 2018, I have taken a bank loan of 25 lacs and constructed a new house in the said property. Now i got to know my married sister is planning to demand her share in the property. How can i protect my property since i have purchased the property from my Mom (not a gift deed) paid Rs 14 lacs (in installments) and repaying the EMI for existing loan of 25 lacs. To be fair, My mom had 2 plots (including the above mentioned one) as of 1997 and had to sell one plot for my Sisters marriage.
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
You need to file a suit for declaration that the said property is purchased by your personal known funds.
1. Your mom ceased to have any rights in the property the moment she executed the sale deed in your favour. There was no occasion for her to execute a release deed subsequently qua the same property.
2. Since the land was originally purchased by your mother none of her heirs had any share in the property. She was at liberty during her lifetime to alienate it to anyone she desired. Your sister has no locus to challenge the alienation.
If the Sae Deed & Release Deed is registered by paying proper stamp duty they are valid.
Your title to the said property is perfected by above transfer from your mother to you, as such, you are owner.
Your sister shall not have any right, title or interest in and over the said property.
Sister has no share. In her life time, mother can give her property to any one. And ownership already transferred in you via sale deed, release deed is of no use.
Hi,
The sister may claim her share in property only if the property is ancestral. In case of self acquired property by mother no claim can be allowed.
Hi
Since the property has been sold to you(not a gift deed) by your mom for 14 lakhs , you are the legal owner of the property.
In addition to the sale deed, your mom has also executed a release of rights in your favour in the year 2017. So technically the property belongs to you and you only.
Also , bankers have also sanctioned loan to you in the year 2018 in your name. This confirms that banker's have also vetted your title, ownership and interest.
Also to be fair, your mother has sold 1 plot for your sister's marriage which amply shows that Mother has taken care of both the children in equal manner.
Your sister does not have any right on the title whatsoever.
Additionally your sister did not file any case in the year 2007 after your executing a sale deed in your favour. So legally limitation clause( ideally your sister should have filed the case within 3 years of date of sale deed or within 3 years from the date of she becoming major whichever is earlier).
So even if she files the case by making false claims or claiming that your mother had executed the above mentioned documents under coercion, duress etc, your sister will lose the case .
Hence no worries.
1. IF the Title-Ownership of the Plot is transferred in your name in the Revenue /Municipal records on basis of the registered Sale Deed and IF you have all the documentary evidences of the payments made to mother and the Bank EMI's and IF you have declared the said property in your income tax returns, THEN "nobody" can stake their claim /rights on such property, irrespective of any criteria or relations or whatever.
2. In the above circumstances, the court will not give any type of relief to the sister who wants to claim such property.
Dear Madam,
You may file suit of permanent injunction and protect your property. Let the aggrieved party to approach civil court then you can take appropriate defence as required.
Dont worry about your sister's plans to demand a share in the proeprty that was sold to you by your mother by a registered sale deed.
Soon after the execution of the registered sale deed in you favor and after you have taken possession and enjoying the property, it becomes your own and absolute proeprty,.
Neither your sister nor anyone can claim any rights over the property now or in the future too.
Dont take any steps in the name of protecting yor interests in the property except you may file a caveat petition against your sister for the property in question which will enable you to know about any legal actions taken by her through a court of law in this regard.
See since you have registered documents and ownership rights of the property your sister has no right in same she cannot claim any share in the property.
Unmarried or married sister has no right over the self acquired property of brother.
your sister no share in your self acquired property
You have full right to the property. Your sister does not any right. Her claim shall not sustain in court.
Your sister cannot claim share from the property of your mother till she is alive.
And she cannot claim share in your house as it has been transferred on your name through release deed from your mother during her life time.
- As per the information mentioned in the present query, makes it clear that though you have bought it legally as per law, but still there would be need to consider two points to make your stand more clear.
- If the property was the ancestral one (coming from your father and fore fathers) then it can’t be held as your mother property and even after the sale to you, your sister would have right in it. Here, I need to know some more information in your case.
- And if the property was her self acquired as you have mentioned then she can’t claim any right as per law.