Dear Sirs, There was a plot of my Dad with Patta on his name. He has gifted that to me with registered gift settlement in Sub-Registrar office in 1991. After which I have applied loan and constructed house with a joint effort from my Dad's retirement fund and a brother's physical effort, in the year 1995. In 2002, I have settled the 'discussed and accepted amount' to Brother as he has put in physical effort and he wants to part off and move away from common house to another location on his own. He and his wife signed on a stamp paper, stating they have received money for their portion of the property and henceforth there is no connection or rights on the property. Dad expired in 2017 and I have used that property as collateral for a another loan for my Daughter. Legal opinion has been given by a lawyer of Nationalized Bank and loan availed. Now Brother and 2 sisters of mine, are planning to claim rights on the property, since it is valuing 1 crore now. 1) Do they have legally any rights on the property? 2) If no legal rights to claim, what is the section in the law to be quoted, as I can make them to understand, so that they do not go to court unnecessarily. I will discuss and give them some money as good gesture, while selling the property. Brother is inducing them to go to court. Kindly clarify, as they are quoting a recent TV news on HC passing statement, that Sisters have rights to claim partition on Dad's property. Thanks in anticipation.
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No. Your father have already transferred the sole ownership through registered gift deed. None have any claim.
Let them go court, no relief. Your ownership is intact. Neither need to pay them any thing.
Father already transferred the ownership, they have wrongly interpretation the law..
Please answer that the patta of plot of land in the name of your father was with reference to Ancestral Property or Self Acquired Property.
Then we would answer your question lawfully as per the provisions of Law.
- As the said property was purchased by your father , then being the self acquired property , he was having his legal right to transfer the same to you by way of gift deed , and none having right to claim over the same.
- Further, a gift deed cannot be cancelled , if it is registered , and the transfer of the property already accepted by you.
1. No they have no right on the property
2. If he will go to court , his suit for partition will not maintainable ,
- The said ruling applied under only Hindu succession law, and specially when the property is ancestral .
1) once gift deed is executed duly stamped and registered you are absolute owner of property
2) your siblings have no share in property
3) they can claim share in father self acquired property if your father died intestate and did not execute gift deed during his lifetime
1. Since the land was long gifted to you by your brother and the house built is standing in your name with refund of brother's contribution, no one else can stake claim over this property.
2. The Hindu Succession Act makes it clear that only if a person dies leaving a property then only his legal heirs can claim share. In this case the property is in your name and your father is no way connected with this on paper.
Thank you sirs. It is not ancestral property. It is purely self acquired property of my Dad and the patta was on his name. Father was a Christian. I have reconverted to Hinduism. Legal clause will be very helpful sirs. Thank you very much.
Conversion dose not effect gift.
Your siblings have no share in self acquired property of your deceased father gifted to by you by registered gift deed
If it is self acquired property of your father which was gifted to you then you are absolute owner of property and no one can claim over it by any means.
Please enlighten your self with the provisions of Transfer of Property Act 1882 section 5 specifically and section 122 to 129 of T P Act 1882 for gift provisions in general to remove your doubts about your interest and title over the property of your dad who has gifted you out of his love and affection.
- Since you have converted to Hinduism , then also law of succession will be the same and the said registered gift deed in your favour cannot be challenge .
1. This was your father's own and absolute property, hence the transfer of property by executing a registered gift settlement deed by him in your favor is absolutely valid in law and cannot be challenged by your siblings in any manner neither at that time nor in the present situation.
They have no rights in the property which is now your own and absolute property.
Any dispute they try to raise against this property would not be legally maintainable.
2. You do not have to quote any section or law in this regard.
If they claim any share in it let them quote under which law are they entitled to any share in it.
Let them go to court, their case will not be entertained.
You tell them that as per transfer of property act, if a person having clear and marketable title to the property he can transfer his property to anyone of his choice which cannot be disputed or challenged by anyone including his wife or children.
Moreover this registered settlement deed was executed around three decades ago , hence the vexatious claim that may be made by your siblings may not be entertained by court owing to various factors besides barred by limitation.
They are misguided by misinterpretation of latest law on ancestral property which is not applicable to this situation.
You have been explained about the law very clearly.
Don't be puzzled or scared over their unnecessary threats or greedy intentions.
If they don't listen to your polite reply, you remain silent, let them go to court and have a good nose cut.
1. Under the Transfer of Property Act, IF you have received the property via a Registered Gift Deed from Father, THEN the property's Title Ownership is 100% vested with you without any legal exceptions, whatsoever. Such property in your hands shall be classified as "Self Acquired" and you are legally entitled to Sell /Transfer /Gift /Donate /Mortgage /Whatever.... to ANYBODY, without any legal reference or NOC from any of your legal heirs, whosoever.
2. Legally your self-acquired property CANNOT be claimed in any manner, whatsoever, by ANYBODY, to the exception of arm-twisting you into submission for their illegal demands.
If it's self acquired property and if the owner was not willing to give the share then no one can claim the same. Owner can will it to anyone he wants. Secondly if the said owner dies intestate then the said property will be divided equally among its heirs
Dear Sir,
You are suggested not to get afraid at all and the said property belongs to you as per the gift deed and hence no claim would sustain by any sibling.
The property was your father's and hence he could gift it to anybody and hence he gave it to you. Now nobody can claim over this property.
They cannot have any of it as it was a gift from your father.
Yes they are entitled to claim the share.
Change of religion after receiving gift deed is going to damage your ownership.
legally, you are absolute owner of said property. your brother have no share in property.
1. No they doesnt have any rights in property which was gifted to you by your father.
2. You can make them understand that property which was gifted to son during lifetime of father become self acquired property of son and other siblings cannot claim any share from that property and even if they file suit to get share they will lose the case.
Thank you very much Sirs. The property is acquired property by my Dad and Patta is on his name. Now Ownership titles are in my name, and I pay, Property Tax, EB and Water Tax on my name. Now my Brother has filed a Civil Case seeking 30% to Mom, 10% to each sisters and him (5 portions) of its current value. Since I am staying outstation, and house was locked for last 2 years, My brother broke open the house, started living there in the property. Kindly let me know and advise please, 1) Will the case succeed in my favor and justice hold for rights of me 2) Can I gift settle the property to my two Children 50% each, register it, and will this help in case closure.
You should succeed
2) file suit for eviction against brother
3) you can execute gift deed in favour of your children .I presume court has not granted any stay order
1. Since the property was transferred to your name by a Will and you have also enforce the Will and the possession of property is on your name, you challenge his civil case on the basis of this Will and other documents in your possession to prove your title and enjoyment of the property.
If your brother had broke open the house and illegally occupied the property without any right or interest, you should have given a criminal trespass complaint against him with the local police .
You you file a petition in the same case under order 39 Rule 1 and 2 of civil procedure code to evict him from the property for the same reason stated above.
Since the circumstance and the documents are in support of your claim you will get an order in your favor.
2. You are at your liberty to transfer the property to your children, ther is no legal embargo on you for doing so, however since there is a litigation pending against this property, this move may create an adverse impact to your case and it will become difficult for you to tide over the crisis.
If there is is no injunction then you can sell otherwise no