• Property of grandmother issue

Sir,
My Grandmother had daughters, One is my mother and other is my aunty. My grandmother had a 5 acre land property In my village. In the year 2002 she had transferred the total property to my mother. For that my mother had paid the half of the amount to my aunty according to land market price at that time in 2002. My aunty and grand mother both had signed on the land sale deed and registered on my mother name.
At that time the total land rate was around 4 lacs they had taken 1,80,000/- and signed for land registration. My aunty also signed on 20 rs bond paper about for taking the amount of rs 180,000/- amount for trasfering the land to my mother.
Now in 2016 the land market price has highly increased And my aunt and her sons had completely reversed and telling that they want half share according to the present market rate.
Other wise they are telling that they will go legally in court for half share. And also now they are telling that they will pay the total 180000/- with interest from 2002 to till date.
My aunty had two sons they are asking for half share on grand mother property other wise they are telling that they will go legally and fight in court for half share. In 2002 my aunty both my aunty sons are minors around age 5 and 10. 
Please suggest me now if they go legally in court is there any risk for me to give them half share.
And shall I keep the property on my mother name or transfer it on my name. Please suggest me.
Asked 7 months ago in Property Law from Kamareddy, Telangana
Religion: Hindu
1) once sale  deed has been executed by your  grandmother your  mother is absolute owner of the land 

2) your aunt in fact had received consideration of Rs 1. 80 lakhs 

3) even if aunt and her sons move court they won't get any relief 

4) I presume it was self acquired property of grand mother and not ancestral property 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
1) inherited property would be grandmother self acquired property 

2) your grandmother was at Liberty to sell the property 

3) she did not need your aunt consent for sake of property 

4) further aunt had signed sale deed as witness and was aware of sale of property 

5) bond signed by aunt would be valid as it acknowledges her receipt of money 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Once your aunt with her free consent had relinquished her share in favour of your mother then the relinquishment deed is now irrevocable. Subsequent increase in market price of property is no ground to revoke the settlement earlier made. She will have to prove that she did not freely consent to relinquish her share in favour of your mother. The relinquishment deed had to be mandatorily registered. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
The property that your grandmother received from her parents is at par with her self acquired property which she could alienate to anyone she desires.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
1. I understand that your grandmother had sold 5 acres of her land to your mother in the year 2002 by registering a sale deed,

2. It is not understood as to why your mother has paid Rs.1,80,000/- to your Aunty and not to your grandmother since the property belonged to your grandmother and not your Aunty,

3. However, the Title Deed of the said property stands in the name of your mother since the year 2002,

4.Your Aunty will not be able to do anything legally since your grandmother has already sold her said 5 acres of land to your mother and also that she is in possession of the said land for more than 12 years and can claim ownership of the land even on the ground of adverse possession. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, When the property was acquired by our grand mother through her parents it will become streedhan(But we have to check documents ) then it will become the absolute property of your grandmother.

2. So when the property was sold by grandmother herself then your Aunt or her legal heirs have no right to ask for her share in the property.

3. If they filed the suit you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. The money should have been given to your Grandmother towards the sale proceeds for selling the said 5 acres of land,

2. Your mother  can claim back the said Rs.1.80 lakhs from your Aunty since she is no body to receive the said money for your grandmother's selling the land to your mother,

3. The receipt of the Rs.20 Bond paper is valid as an evidence to be placed before the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Your mother should send a legal notice to your aunt asking her to return the Rs.1.80 lakhs she had received from her as loan, if your grandmother had sold her property and received the sale proceeds from your mother,

2. She can not ask for and/or collect any amount from your mother on this account.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi 
First a property in the name of her woman is her absolute property under section 14 of Hindu succession act. 
It is immaterial whether your grand mother received the same from her parents or from any source. 

There is nothing called ancestral property if the property has been obtained by a woman. the word ancestral property is applicable for property held by a man. 

The property in the name of a woman is her absolute property and she can deal with the property in any which manner she wants. 

Since your grand mother has transferred (i presume she has registered the property) in the name of your mother in the year 2002, then the property belongs to your mother only. 

If your grand mother has transferred the  property to your mother in the year 2002, it cannot be reopened now as law of limitation will apply. if at all your aunt were to contest the transfer, she should have contested in the year 2006 latest. they cannot contest in the year 2016. 

Your aunt has received consideration and from your query, i understand you have a Rs20 bond paper as a proof. 
the bond paper is absolutely valid in eyes of law. 

Your aunt's sons do not have any right whatsoever (grand sons, ancestral property etc) and they can go to court if they want. But the courts will dismiss their claim within 3 months and throw their case to dustbin. 

Hope this helps. 
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Hi, Once the property sold by your grand mother by way of sale  to your mother then she can't gift the property.

2. Suppose, if she registered gift deed in your mother favour then also gift deed is valid.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your grandmother has executed and registered a gift deed in favour of your mother in the year 2002 wherein your Aunty was the witness,

2. So, your mother is the absolute owner of the said gifted property,

3. You had mentioned in your 1st post " My aunty and grand mother both had signed on the land sale deed and registered on my mother name.At that time the total land rate was around 4 lacs they had taken 1,80,000/- and signed for land registration". It was not clear as to why did your mother  pay Rs.1.80 lakhs to your Aunty after the sale deed was registered,

4. However, your Aunty can in no way claim any share on the said gifted property since it was owned by your grandmother who had gifted it to your mother,

5. On the other hand, your mother can claim refund of the said Rs.1.80 lakhs from your Aunty with up tp date interest since there is no reason for your Aunty to take that amount legally from your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Once gift deed is executed duly stamped and registered your mother would be absolute owner of property 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
I am not able to comprehend your question but be informed that a gift deed requires mandatory registration and is irrevocable after it has been executed.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
My aunty had two sons they are asking for half share on grand mother property other wise they are telling that they will go legally and fight in court for half share. In 2002 my aunty both my aunty sons are minors around age 5 and 10. Please suggest me now if they go legally in court is there any risk for me to give them half share.
And shall I keep the property on my mother name or transfer it on my name. Please suggest me.

Neither your aunt nor her children have any legal rights in the property especially after 20 years of the transaction that made your mother the absolute owner of the property.
The receipt for acknowledging the payment of Rs. 1,80,000 around 20 years back is a valid document and she cannot dispute it now.  This is a substantial documentary evidence admissible in court of law hence secure it and reject their claim.  Let them go to the court, they cannot win the case and their claim is not maintainable owing to various facts involving in this transaction.
Transferring the property to your name is an understanding within your family, for this you need not take any one's consent or permission.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
My grand mother got that property from their parents,
She has not self buy that from any other. She got from her parents.
And my one more doubt sir my aunt had signed on 20 rs bond paper for receiving 1.8lac money.
Is that bond paper valid in court. If my aunty lie that in court that they tell that we had not recieved any amont from my mother.

Though your grandmother inherited the property from her parents, it becomes her own and absolute property  hence the transfer made by her in your mother's name around 20 years ago is absolutely valid as per law and this can not be disputed on any ground by anyone.
The Rs. 20/- NJS bond paper receipt by your aunt for having received the payment of the said amount is a valid documentary evidence admissible in court in your favor, she cannot lie before court,, even if she denies the same she cannot deny her signature nor make any claim that this was a fabricated document after 20 years of its existence.  
Further since your mother purchased the property by a sale deed, owing to the passage of more than 12 years of time since its purchase, the law of adverse possession is also operative. 
Thus your aunt cannot succeed in her claim by any means of law. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
My grandmother has done registration on gift deed to elder daughter as my mother as witness my aunt as young daughter.
Is that made any difference if rigistration done on gift deed other than sale deed please suggest

Whether by a sale deed or gift deed, the transfer of property was done legally  by executing a legally valid and registered document, that too after 20 years and with the signature of the currently opposing person as a witness to the said document/deed.  
Hence it is a valid document which cannot be disputed at this point of time. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Super. If your grand mom has executed a registered gift deed  in favour of your mother then it is a perfect way of property transfer . 
I also understand that your aunt has signed as witness in the said registered deed wherein your grand mom has gifted her property to your mother. If it is so, then you have double bonus.  
You do not need to worry at all . Let your cousins go to even supreme court. You will win in all courts of india including district court, high court and supreme court. 
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
1) once gift deed is executed  by grand mother  tile to the property passes on to your mother 

2) your grand mother cannot now unilaterally cancel the gift deed 

3) she cannot now give property equally to 2 daughters
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Mistake, if at all it can be called one, is incurable now. The settlement made earlier cannot be revoked now. You can file a suit for declaration of your share.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
The gift deed once executed and had been acted upon bu the donee by taking possession and further transferring all the records including revenue records, the property now becomes your mother's own and absolute property.
Law is not your grandmother's toy to play with, law will not permit her to do one thing today and immediately deny of having done that job without any genuine and authentic cause or ground.In law certain procedures are to to be followed within certain limits. So your grandmother's change in her stand that too after 20 years of its original execution is invalid now especially on such flimsy grounds.  Your aunt's case shall not be maintainable.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
HI 
Since the Gift deed was registered in the year 2002, even your grand mother cannot cancel the gift deed now. 
if at all she had to cancel , she should have cancelled the same on or before 2006. 
Now she cannot revoke the gift deed at all. 
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
1. Registered gift Deed is irrecoverable,

2. Once it has been executed and registered, it can neither be cancelled nor withdrawn,

3. Your Aunt and/or Grandmother will have no merit in their case if filed seeking cancellation or alteration of the said Gift Deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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