Mother has 50 per cent share in property
father could at most have executed gift deed fir his 50 per cent share in property
Mothers right in the property bought from joint funds with father
Mother and father bought property from joint funds and joint current accounts in 1959. Father earning since 1945 and mother from 1955. Title in fathers name. Father died in 2009. Mother is 92 years. Son got a gift deed made from father in 2005. Suit property in a partition case since 2006 claiming father had no right to gift. What is the law which gives relief to mother
Asked 5 years ago in Family Law
Religion: Hindu
13 Answers
Daughter, who became 18 years old in 1972, was admitted as minor beneficiary in a partnership where the parents were not partners during the years 1955 and 1975 says that the property was purchased by her income from the partnerships . She also says that the parents were not earning a penny also . As per her case , grandmother had a HUF with her since 1953 from where the property was bought. The partnerships had capital and current accounts where her income lay till she became 18. What laws give my mother relief. I am helping my mother seek justice for her
Asked 5 years ago
Mother has 50 per cent share in property
burden of proof is upon daughter to prove that parents had no source of income for purchase of property
The mother has to prove with substantial documentary evidences to support her claim for a share in the property by producing the relevant papers for having funded for the purchase of the property.
The court may decide after application of mind.
The issues what you discuss would depend on the basis of the arguments relying upon documentary evidences to support the claim.
The burden to prove their case will fall on the person who makes the claim with the support of substantial documentary evidences.
If the property held by mother and father was self acquired then both have a right to gift their property to anybody. In your case the father gifted the property to his wife ie your mother. That is perfectly legal. Now she is the sole owner of the property.
Dear Sir/ madam
Since the property in the dispute was bought from the joint funds of your parents, both of them possess an equal share in the property. In order to prove her title, documentary evidence has to be obtained. If you are able to submit proper documentary evidence proving your mother title in the property, the court may order in favour of your mother.
- Since, parents brought the property from joint funds , then it will considered their self acquired property , and they having their respective right to transfer the same to anyone by way of gift and none having right to cancel that gift deed except the donor of the gift deed.
- However, if that property is in joint name , then father was not having to gift entire property without getting a release deed from his wife.
- Hence, the mother having her right to claim over 50% of the property legally.
Request to ask under which section does this clubbing take place? Mother working from 1955. Her first income tax return was on Ay1960-61. She was director in company since 1957 where father was director too since 1959. Father had qualifications and experience than mother at the time. There were joint accounts in banks and companies. It seemed that her income was clubbed to Fathers income tax . Even assessment order mention joint statements. Only change started in 1960-61.the property mention was purchased from joint accounts
Asked 5 years ago
Under certain circumstances as given in section 64(1)(ii), of income tax act
remuneration (i.e., salary) received by the spouse of an individual from a concern in which the individual is having substantial interest is clubbed with the income of the individual. Provisions in this regard are as follows:
- The individual is having substantial interest in a concern (*).
- Spouse of the individual is employed in the concern in which the individual is having substantial interest.
- The spouse of the individual is employed without any technical or professional knowledge or experience (i.e., remuneration is not justifiable).
(*) An individual shall be deemed to have substantial interest in any concern, if such individual alone or along with his relatives beneficially holds at any time during the previous year 20% or more of the equity shares (in case of a company) or is entitled to 20% of profit (in case of concern other than a company).
If you have documentary evidences for your mother's income at that time of purchasing the proeprty then that can be a leading evidence.
The so secured documetns may be produced before the concerned court to establish your pleadings for the claim made by her for a right in the property for her legitimate and rightful share in the property,.
Dear sir/ma'am,
you may present the bank details, the transaction details, the income tax documents to prove your point.
If the Gift Deed is illegal, as mother had 50% funds involved, then the gift deed made by manipulation of my brother is null and void? The property had been rented for 3 years and fetched some rental. Remember, the father passed away in 2009 and the mother is alive. In this case who is the rightful owner of the property and is it possible to ask for the return of the rental earned by my brother? Also my brother trespassed in the room where my mother lived in the gifted property ousted my mother from the house after she made this claim . we made an FIR against him and have a criminal case against him and his wife in court. can we use the new section which was in the newspapers few days ago that he abandoned his mother after usurping her property illegally?
Asked 5 years ago
Your mother should make application before senior citizen tribunal
seek orders to direct son to pay Rs 10000 as maintenance
seek orders to set aside gift deed
The gift deed made by your father in the capacity of absolute owner is very much valid.
As far as the rental income is concerned, your brother cannot take away the entire rental amount.
The rental amount has to be distributed among the shareholders.
Upon your father's death his own legal heirs are the successors to the properties he left behind, however if he had given away a portion of property by gift deed to you then this property will not be included in intestate properties.
For all the illegal activities that yor brother is committing against your mother or against others, you all can seek relief under the criminal laws by making a complaint against him with the local police
He can booked for land grabbing offences too.
- Yes, you can file a Declaration suit before the court for declaring that Gift deed null and void.
- Your father was not having any right over the share of your mother , hence any transfer of that property without taking mothers consent is invalid .
- Hence, you can also claim the damages including share in the rent dully received by your brother .
- Yes , she can lodge a compliant against him , and further also approach court for evicting him from her property .