Issue in purchase of gift deed property
(1) X (muslim comunity) has purchased 2000 sqfeet land in 1995 thru sale deed.
(2) x has built 2BHK house on this property in 2003
(3) X has gifted this propoerty (land+house) to his mother, sister and brother in 2007 thru registered gift deed
(4) X's Mother expired in 2010
(5) They have not yet coorected records of property in water bill, electricity bill, 7/12 and in property tax bill. Still 7/12 and property tax bill is showing x's name as owner
(6) Now they want to sale the property. All Family members are ready to sale property.
question1:- whether X can sale property? after revoking his gift deed or making new gift deed from his brother+sister to his name.
question2:- or his brother and sister need to sale property after correcting their name in 7/12, property tax etc..
question3:- How his Mother's share need to be handled as she is no more? If sale deed between me and brother+sister capture Mother's all heirs including her husband, then that sale deed can be considered OK to proceed, Or some other legal procees need to be done to handle Mother's share?
Asked 3 years ago in Property Law from Pune, Maharashtra
1. X can not revoke his gift deed,
2. X can arrange to change the records in the name of the donees. His mother's portion will be owned by all the legal heirs including 'X for selling of the property,
3. It will be easier than reversing the whole process of gift to 'X'.
repeated query . you had raised this query earlier too .