I've a concern of my perperty, Please Guide me on this. Below the details: I'm staring in out of my Home Town(West Bengal), due to my Job. My Parents were staying in my home town near . My father passed away 2.5 years back, Recently I got to know before his death, he has done a daanpatra to my mother giving our house in the Written in a stamp paper (1000Rs Notarized locally in 2016. This is done with the influence of my maternal Uncles. They all are staying nearby. and they are influencing all the decisions my mother takes. Since I'm living out of City I don't have any control on it. I'm really Concerned about my uncles and their sons are influencing all of the decisions. Since my Father is no more, Please suggest me what I can do legally in case of safeguard of my property. Thanks.
Is the gift deed executed by your father duly stamped and registered
if so your mother is absolute owner of property
3) she can execute a will bequeathing property to you and your siblings
4) in alternative she can execute conditional gift deed in your favour
Hello,
If she wants she can make WILL bit it can be changed anytime.
So best is Gift Deed/daanpatra to you or release deed.
From you question, it seems mother is not ready to listen to you and under influence of her brothers.
you can bring her with you.
The daanpatra/Gift Deed is not registered so can be challenged.
But it can done in home town only.
Any transfer of property on danpatra/stamp paper is invalid and not enforceable. It has no value in law. The said danpatra of notary stamped paper is useless for them. But you have to take care that no document is registered in their favor by mother. Once a gift deed is registered it will create problem for you.
Daan patra on 1000 stamp paper is having no value. Not just a dan patra(gift deed) is required to compulsorily registered, but it also requires payment of appropriate stamp duty. Both the requirements seem to have been not followed in the present case.
To safeguard your interest, let this property be passed on to you and other legal heirs, including your mother by way of mutation. Contact a local lawyer in your hometown to get this done.
The notarised settlement deed is not legally valid and your mother cannot become an absolute owner of the properties left behind by your deceased father.
It can be termed as intestate succession based on the facts you have given here.
therefore you are entitled to an equal share in the properties left behind by your deceased father who is reported to have died intestate.
In order to stop your uncles and their sons influencing your mother or to bring under a control, you may file a suit for partition seeking division of the properties equally nd to allot your legitimate share in the property with a separate possession.
This will provoke them and they may distance themselves from your mother, and if any compromise arrived between you and your mother, you can go for an amicable partition with your mother by a registered partition deed on the mutually agreed conditions .
You need to send them a legal notice first and then take your mother into confidence. there is no remedy for wilful influencing in law.
Dear Sir,
1) First if the property was self acquired property of your father needs to be determined.
2) A gift deed that is not duly registered does not convey any rights on your mother.
3) You have right to the property if the gift deed is not valid, thus you can enter a settlement deed and get the property divided among the heirs of you father, in your case you and your mother equally. Or you can file partition suit and get your part of property mutated in your name.
3) Your mother cannot will away whole of the property or gift it, she is only owner of part of the property as the gift deed is not valid if it was not registered.
4) If it is a valid registered deed, then your mother would be absolute owner and you will have to ask her to gift through registered deed or will the property in your name.
Thank you
If your father has gifted his property to your mother then your mother is the absolute owner of the property. However, the gift deed requires mandatory registration. If it is not registered then you can challenge it in the civil court and seek a declaration that it is non est and void.
- If that property is in your name , then legally you father having no right to transfer the same to your mother without taking your consent and gift deed.
- Further , if that property is in the name of your father , then legally after his death this property can be claimed by you equally with your mother , and then said stamp paper notarized is not valid in the absence of a registered gift deed.
- Hence, you have right over the said property and you can approach the court for restraining them from interfering in your house and to do any further transaction without your consent.
