My grandfather had built a house in 1990 with his own hard earned money . In 1995 he wrote a will on a white sheet of paper stating that COMPLETE OWNERSHIP AND RIGHTS OVER THE HOUSE SHOULD GO TO HIS WIFE AFTER HIS DEATH. the will does not contain my witnesess and is not regiestered. Later the property was transferred to my grandmother in urban development authority and corporation. Later she gifted the property to my father on 2014 the gift deed is stamped and registered .and katha transferred to my father in urban development authority but not in CITY CORPORATION OFFICE. later my father unexpectedly died on 2016 due to sudden heart attack . After that my aunt (my grandmother's) daughter took my grandmother from our house and made another gift deed to her name on 2017. And applied for katha transfer. After knowing this my mother plainted a case on my aunt . The case is moving at very slow phase. Quesion is 1)what will happen in court will the property come to my mother. 2)my aunt has not signed the gift deed executed my grandmother in favour of my father will it be fine or it will affect the case. 3)will my aunt be able to claim partition over our house. 4)will the gift deed made by my aunt on 2017 will it appear on encumbrance certificate. 5)will she get the share in the property. 6)the will written by my grandfather only has his sign there are no witnesses and it is not registered .will court take this will into consideration is it valid document . 7)my grandfather had not taken title deed for property since first will it affect us. 8)will she able to win the case by any unlawful means . PLEASE ANSWER THE RESPECTIVE QUESIONS ONE BY ONE.
Grand mother could not have executed second gift deed unless earlier gift deed was set aside by court
2) aunt signature was not necessary if grand mother was absolute owner of property
3) she would not be able to claim partition
4) she would not have share in property
5) will has to be attested by 2 witnesses
6) it is not valid will . If transfer in favour of grand mother is set aside then aunt will have equal share in property
It will depend on merits and the standing of the fresh gift deed. If the same is cancelled by court then the earlier position will be restored.
Her signature is necessary if she is a legal heir otherwise the gift deed will lose its legal effect.
She may go for partition if she is a legal heir and she was not given her share.
The will requires witness but you can still rely on the same. Registration is not compulsory.
The court will decide the genuinity of first will.
No she will not get it in unlawful means before court and if she does higher court will set aside the order
1. The property was transferred by your grandmother to your deceased father's name by executing a registered gift deed and subsequently the khata also was transferred to your father's name during his lifetime.
Therefore the property, upon intestate death of your deceased father, shall devolve equally on all his legal heirs namely your mother, yourself, your siblings and your deceased father's mother.
The transfer of khata by your paternal aunt to her name is illegal and not maintainable in law.
Your mother need not have filed any case in this regard because she's not the only owner, this property is co shared by all the legal heirs of your deceased father.
If at all your aunt wants any share in the property she should have filed the case which can be challenged properly as per law.
Your all subsequent questions have been answered accordingly.
The registered gift deed made by your grandmother cannot be cancelled at this stage either by your paternal aunt or anyone.
- Since the said property was a self acquired property , then your grandfather was having his right to transfer the same to anyone , as none having right to claim , and hence the said WILL is valid in favour of his wife , if the said WILL is having two witnesses , as it is not mandatory to be registered a WILL legally.
- Further after getting the said property she was having her right to transfer the same to anyone during her life time.
- Hence the said registered gift deed in favour of your father was valid and further it cannot be cancelled without getting a court order or by mutually cancelled.
- Further , after the death of your father , the said property would be devolved upon your mother and children .
1. Yes, this property will come to you and your mother , as without cancelling a gift deed , the donor is not having right to transfer the gifted property to other person.
2. Her signature and consent not mandatory , if registered as per law.
3.No
4. No, Gift made in 2017 is not legal
5. No
6. If the WILL is not containing two witnesses , then the WILL is not valid , and a relative witness is not necessary.
7. If the said property was in his name , then he was having right and write a WILL
8. No.
Please present the documents for review and then we will be able to answer your questions legally and lawfully.
We have seen lots of missing trail in the sequence of the documents and NO court papers are available for our perusal further legal advice and action
1. Yes the property will be of your mother.
2. It may effect.
3. Not really.
4. No, you file for its cancellation.
5. Not really.
6. It may be considered as valid as per course of action as the gift deed in favour of your father have already been executed.
7. No.
8. May be. Be active.
The gift deed is irrevocable. Your grandmother cannot gift the property again.
She cannot have her name unless she wins and mutation is done.
Even if the will is declared inadmissible then too she will get only 1/3 of the property as the property will be divided amongst the grandfather's children and wife.
1. The Will was itself not valid and hence on this basis the grand mother did not have right to transfer this this either to your father to your aunt.
2. In other words on death of your grandfather the property devolves upon his sons and daughters in equal share along with your grand mother.
3. therefore your grandmother can transfer only her share in the property and after doing so in the name of your father can not do so again in the name of your aunt.
4. Therefore the second gift of your grandmother is not valid in court but your aunt still has share in the property as in absence of the Will the property is liable for devolution considering the grandfather to be died intestate.
once gift deed executed another gift deed is not valid.
it will not affect. if your grand mother is absolute owner then she can execute gift deed without consent of your aunty.
not possible.
no.
no.
will required 2 witnesses, if your aunt set aside previous deed then she can claim her share..
Dear Sir/Madam,
It is not clear from your query that what kind of case was filed by the mother. However, if the case is of declaration that the said gift deed to aunt as null and void, then the property will come to your mother and the transfer on the name of the aunt will no longer be valid and it will be cancelled. After gift deed to your father, the property would have come to your father's name.
Second gift deed is not valid but aunt can challege the Will as same is not valid.
If her case is only dependent on gift deed than you will win the case.
If she challenged the Will than she can claim partition. Since Will is not valid, she has 1/3rd share in the property. And mother gift deed in fsvor of your father is valid upto her 1/3rd share.
So you have 1/3rd + 1/3rd share in the property for sure.
