• Issue regarding maternal properties

Hello Everyone. I am From Ahmedabad,Gujarat.My question is , my maternal grand mother in law had only child i.e my mother in law. And my maternal grand mother in law died intestate.And as per the her(grand mother in law's) last wish my mother in law has executed a registered gift deed in favour of my wife.Now the issue is the property which was in subject , 1/2 of part of the property is under possession of my brother in law now they are harassing me,my wife and my parents in law.And they file false cases against me.my wife and my parents in law.Also they filed a case to Senior civil court in which they claimed to restrict our any sense of access and entry in to premises.I have 2 more sister in laws.So a son do have any rights to claim for his maternal properties? We have put up a file for immigration and my brother in law and his wife know this well and hence they are harassing us they believe that we will transfer the property rights to themsince if we don't do so we wont get Police clearance .So can you please advise that how strong their arguments be proven in the court of law and what should  we do to get rid out of all these i mean can we get Police clearance easily? Since no case is criminal till date and No FIR issued in our names till now.
Asked 6 months ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1) once gift deed is executed duly stamped and regd your wife would be absolute ow rt of the property 

2) if your wife is being harassed she should file complaint of criminal intimidation under section 506  of IPC against her brother and his wife 

3) your wife should also file suit for eviction against her brother . He has no rights on property once gift deed is executed in favour of your wife 

4) you  would get police clearance certificate as no police cases are pending as on date 

Ajay Sethi
Advocate, Mumbai
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1) your wife can sell the property as she is the absolute owner of property 

2) at most brother can file suit to set aside gift deed executed by mother on grounds of coercion or fraud 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
So can you please advise that how strong their arguments be proven in the court of law and what should  we do to get rid out of all these i mean can we get Police clearance easily? Since no case is criminal till date and No FIR issued in our names till now.

Actually you have mingled two subjects together and asking for a single solution.

As far as your mother in law's inherited property from her mother is concerned, it shall become her own property over which nobody has any rights in it including your wife, however since there was a desire in the family to gift that property to your wife, you mother in law has transferred that property in your wife's name by executing a registered gift deed.  upon this your wife becomes the absolute owner of this property, your brother in law cannot claim any right over it and any suit filed by him in this regard shall not be tenable or maintainable. So take it for granted that if the above circumstances are to be taken as true then he will be fighting a losing battle. 


The criminal complaint by him, if it is based on the property mater, then you can inform the police that he has intentionally filed his to harass you all despite filing a civil suit hence this is not maintainable and whatever it may be you will take care of them through court.  Since there is no notice or summons from police there is no case complaint pending before him so the police clearance for immigration purpose should be clear as of now. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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What are the chances that they can drag us to more critical issues or else can they file any more cases ...Can this be turned to any criminal case against us? how can we protect (me and my wife) our selves by which there should not be any obstacle in getting police clearance when needed?

Let them lodge any number of criminal complaints against you, just dont be bothered about it until you receive a call from police. 
The police will come to know that this is false case especially involving civil matter hence they not give any adverse report. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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1. Under what authority did your mother-in-law execute a gift deed of her mother's properties in favour of her daughter i.e your wife? Unless your maternal grand mother in law had transferred her properties absolutely to your mother-in-law the former could execute a gift deed of only her share and not beyond it. If your maternal grand mother in law had passed away intestate then on her demise her properties devolved equally on all her children. 

2. Pendency of a civil suit does not call for an adverse PCC. If any criminal case is filed then apply for and obtain anticipatory bail.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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