Your consent is not necessary for mother to execute gift deed in favour of your sister
2) mere writing on stamp paper does not confer any title to property
3) registered gift deed ought to have been executed in your name
Assessment patta land registration
In 1982 Govt issued assignment patta house land in the name of my mother. Now she registered this patta land to my Sister without my knowledge. Is it legally possible? She already wrote this land on my name in 2001 year on 100/- bond paper. At that time no registration. Is this document valid or not valid? Can I claim the same property now? How can I approach?
Asked 4 years ago in Property Law
Religion: Hindu
8 Answers
The assigned land was allotted to your mother on a condition that she may not alienate the same to any third person.
If it is confirmed then the transfer now made by her may be challenged in the court of law and can get it cancelled.
You may consult a local advocate and proceed as per the advice received in this connection.
See if through registered deed she transferred the property same is valid though based on your bond you may try challenging same. See for land registration of document is mandatory and your document is not registered therefore probability to succeed may be less though after perusing all documents a suit in same can be filed.
1. Bond Paper on 100/- is legally not enforceable, specifically for immovable properties.
2. You can file a Civil Court case for your right /claim on Mother's property, stating that property was Govt. Assigned for whole family and not for any single individual family member.
It's valid but if someone objects you need to prove it
She is sole owner, can give her property to any one. Bond paper is invalid even if it was registered. Through what mode patta registered in favor or sister ? GIFT deed ?
In mother life time, you have no legal remedy.
She can transfer through gift deed your consent not required.
You can challenge but chances are bleak.
Once property transferred you have to file a petition for set aside. Then you can challenge before court .
1. Yes it is legally possible because land title belongs to your mother and she have right to transfer the property to name of anyone.
2. The bond papers have no legal validity as it is not registered.
3. You cannot claim the property as it is transferred to name of your sister.
