1. Mother has the property under her name for the past 55 years, she gave sub-part of the property to daughter with register gift deed 11 years back. 2. But the property is under the possession of Brothers ( taking rents from tenants ). 3. Daughter applied for title transfer mutation with latest EC copy, approved by Municipal department. 4. But brothers objected with 18 year old PRELIMINARY DECREE, where the mother share is not sufficient to register to daughter. Department reverted my name to my mother's name (late). 5. Can i get latest EC if there are any legality issues ? Is it legal for the municipal department to revert the title transfer without noticing me, even i have provided all the required documents? Is it legal to take possession from my mother / me with PRELIMINARY DECREE alone ? why my brothers are not able to revert the gift deed with the PRELIMINARY DECREE ?
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You should have compensate 11 years back when the empty land or unchanged property were available at that time. Now what changes had made in the property needs to check and who has which share.
Plus as per limitations act the decree should implemented at that time only not so late.
Need to check other transaction history after that that and till date.
1) it is necessary to peruse preliminary decree passed by trial court
2) as on date gift deed has been duly registered
3) brothers will have to move court to set aside gift deed
4) muncipal corporation would need court orders to carry out mutation of property in your name
1. IF there is a legal default (faulty legal proceedings which leads to mutation /transfer), THEN the authority can suo moto (on its own) can reverse the transfer entries in its register and records.
2. However you (as a Gift Deed holder) are entitled to file a Civil Suit, to revoke /nullify the Decree that may have been passed earlier and seek directions to the authority to mutate the entry in your favor. You would also be entitled to any damages & compensation, that you prove that you suffered due to such legal default of the authorities.
- Since, the said property was under the name of your mother at the time of transferring the property to the daughter by way of registered gift deed , hence the registered deed cannot be challenged by other legal heirs.
- Even the property is in use and occupation of brothers, and taking rent , is not sufficient to prove the ownership.
- Further, the said daughter can mutate the said property received by way of gift deed in her name.
- Further, the said property cannot be reverted by any department back in the name of mother , except a court order
- Further, if the said preliminary decree was not executed , then it cannot be implemented now.
- Further, no department having power to revert the title transfer without a court order .
Notice must have send to you and you should be given hearing opportunity.
By virtue of gift deed, daughter is sole owner and entitle to recover possession and rent from brothers.
If mother have inheirted the property than she can only gift her share.
But registrar office has no authority to decide, cancel or examine register document. They are bound to mutate your name in EC.
Yes, you can take possession on the basis of preliminary decree. Do apply for current EC on the basis of preliminary decree.
Yes you can get EC but reverting title transfer is only through court the sub registrar doesn't have power
Dear madam,
If the gift deed is registered and your the genuine owner of the sub part of your mother property by virtue of gift deed and even you have mutation transferred in your name that suffice for the evidence to prove your ownership. However without any notice to you the municipal authority cannot transfwr the title to others the same can be challenged and you can open a fresh case to call up and give an opportunity to hear you and based on which to pass an order!!
Your brothers are having a preliminary decree in their favor which has not been challenged by the defendants.
The property is in possession of your brothers.
Your mother may not be having clear and marketable title to the property which was transferred to your name by executing a registered gift deed.
Your mother has suppressed the fact of the court decree given against her while executing a registered gift deed to you.
The revenue department can very well transfer the mutation records to their names based on the court decree in their favor.
You have only option that you may file a suit for declaration to declare the gift deed as valid and recover possession of the gifted property.
1. The MC should have issued a notice to you to reply to the objections of brother.
2. Mother is free to execute a gift deed in favour of daughter to the extent of her own share in the property.
3. How is it possible that a final decree has not been passed after a preliminary decree passed 18 years back?
4. The remedy in your hands is to file a suit for partition.
on what basis Court grant Preliminary decree?
You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.
1. Yes you cn get EC without any legal issue.
2. If municipal department revery your name from EC without giving any notice to you then you should send a legal notice to municipal corporation for explaining the reasons for this act And update of EC records again on your name.
3. If they fail to comply with legal then you can file suit for mandatory injunction against municipal corporation for updation of EC records on basis of your gift deed.
What was the preliminary decree on the basis of which the department reversed and refused you the property share?
The department may do that if your mother did not have an effective title of the property.
My mother registered gift deed property to me 11 years back but the property is under my brothers control. As my mother passed away recently, I have explained to tenants and tried to take my possession. But my brothers pressurized the tenants to provide rents to them, stating they themselves had given for rent. Latest EC, Municipal Tax, Current bills are all in my name, but tenants are forced to give rents to them only. 1. Can I take help of police incase tenants fear about my brothers. 2. Can I dismantle electricity to show my rights. 3. Should I send lawyer notice. I am a senior citizen widow women, Please advice the best way of proceedings.
Send legal notice to tenants to pay rent to you as you are absolute owner of property as per gift deed executed by mother
2) if they refuse to pay file suit for eviction against tenants
3) poluce would not intervene as it is a civil dispute
4) you cannot disconnect electricity supply as it is an essential service
1. The police will not come to your rescue since it is a civil matter.
2. You cannot curtail the basic amenities namely electricity or water supply.
3. You can issue a legal notice to the tenants stating that you are the owner of the property hence they are required to deposit the monthly rental amount to your account only failing which they shall be treated as defaulters and liable to evicted by due process of law.
You can also issue a legal notice to your brother instructing him to refrain from collecting the rent from tenants and also to stop interfering in yor possession and enjoyment of the proeprty.
You can subsequently file an injunction suit against your brother to restrain him from interfering in your possession and enjoyment of the property including taking the monthly rental amount from the tenants.
1. Police will not help you in this matter , however the tenant can lodge complaint against your brother for the offence of threatening .
2. Legally you cannot disconnect the essential services
3. Yes , you can send a legal notice after stating that you are the legal owner of the tenanted premises , and thereby attorn you landlord and to pay the rent to you.
- Being a senior citizen, you can also lodge your complaint under the provision of senior citizen act as well.
file a suit for eviction and permanent injunction against your brothers before it is late and they become owner by adverse possession..
Yes you can if your brother is applying criminal force
Electricity comes in essential service it will be illegal.
Yes lawyer notice must be send first
You can use the status of your senior citizen and file complaint for harassment.
For further assistance contact me on
Dear madam,
As I advised you previously you have the absolute ownership on the property ; whereas in case of tenancy you might have entered into rental agreement with your tenants for the tenure period based on the rental agreement you should be the owner if so then nothing to worry the tenants has no authority to deny with your words based on the terms of agreement executed between you and tenant ; you can claim the rent not your brothers for which you can have a mutual discussion with ur brothers if not agreeable then can file a suit against your brothers..
Before taking any legal action do please go through the terms of agreement who is entitled to get the rent based on the rental agreement!!