• Can my sisters file case on me for property?

My father bought 100 sq yards of land in 1985. He has 3 sons(me the middle one) and 3 daughters. When he died in 1993, he left an unregistered will(in 1992)(on a ten rupee stamp paper) transferring all the property to his wife(my mother). Will does not have any mention of sons or daughters.
In 2005, my mother gave a registered gifted deed to three of us(me and my brothers equally). Witness for this registered deed were my elder brother(still alive) and my uncle(father's elder brother)(demised). This gifted deed does not have any mention of my 3 sisters. We divided it according to us and registered our respective share of land in 2005. We still are living on our respective share of land. My mother died in 2006 because of cancer.

One of my eldest sister marriage happened before 1985 and other 2's after 1985. Can my eldest sister ask for share of land or demand money from us(three of us) ?

Can the rest 2 of my sisters file case on us to get the share or demand money from us? If yes, then how much share will they get or what percentage of money they can claim ?

Since it is a gifted deed from my mother, do they have share on the property ?

Can they two claim money or file case on me alone but not on my two brothers? It is, am afraid,  conspiracy 2 of my brothers and 3 sisters planning against me. If they can, how do defend myself from them?

I am a government employee and took loan on my land. Current papers are in bank. Am still paying for loan.
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My second sister is married to my wife's brother (adla badli shaadi as it is called in hindi). The two couples marriage happened in same year in 1989 
My wife has 2 brothers(one married to my 2nd sister) and 3 sisters. Land(400 sq yards in a village near warangal) which they had was in their father's name. My wife's father died when they were too young

My brother-in-law( also my wife's brother) got above land transferred to his to minor sons from his mother, without knowledge of other brother or sisters. Which we still don't have any objection.

My brother-in-law is facing financial crisis, hence now he is planning to sell the property, without the consent of my wife or any of his sisters or other brother. 

What we are afraid is he might file a case against us(asking for his wife's share) after he has money in hand. We don't want any share of land from him unless he plans to file against us. 

Her may assures us now that he wont file against us, but once he sells the land, and does file against us, would we be left with anything to do against him ?

My question here is, Once he sells the land and targets us, can we file against him claiming for my wife's share, would this be of any worth then? since the land is already gone. Or should we file the case now it self to be on safe side?

Can we have middle ground deal(me, my wife and my 2nd sister and her husband(my wife's brother)), like we wont claim money from each other ?

I know above family tree is complicated, please bear with us.

Thanks in advance for all your assistance.
Asked 4 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
One of my eldest sister marriage happened before 1985 and other 2's after 1985. Can my eldest sister ask for share of land or demand money from us(three of us) ?

Since this was your father's property and he made testamentary  disposition of his property in favor of your mother, she became the absolute owner of the property with marketable title in her favor.  Therefore the transfer of the property in her name in favor of you and your other two brothers by executing a registered gift deed is very much valid and irrevocable. Hence your elder sister or any other sisters or any third person has any right in the property which stands transferred on you three names. 






Can the rest 2 of my sisters file case on us to get the share or demand money from us? If yes, then how much share will they get or what percentage of money they can claim ?

These two sisters also do not have any legal rights in the property 





Since it is a gifted deed from my mother, do they have share on the property ?

Your sisters do not have any right or share in the property.






Can they two claim money or file case on me alone but not on my two brothers? It is, am afraid,  conspiracy 2 of my brothers and 3 sisters planning against me. If they can, how do defend myself from them?

There is nothing to be worried about it.
Since you possess registered gift deed in your possession and subsequent partition deed also in your favor, they cannot claim any share or money from you.
Let them enter into any conspiracy, legally they cannot snatch the properties or money from you. 






What we are afraid is he might file a case against us(asking for his wife's share) after he has money in hand. We don't want any share of land from him unless he plans to file against us. 

He does not have any right to file a partition suit against you on behalf of his wife.The court will reject his suit, vis a vis you also cannot file a suit on behalf of your wife. 







My question here is, Once he sells the land and targets us, can we file against him claiming for my wife's share, would this be of any worth then? since the land is already gone. Or should we file the case now it self to be on safe side?

Only your wife should decide about it.





Can we have middle ground deal(me, my wife and my 2nd sister and her husband(my wife's brother)), like we wont claim money from each other ?

Dont go for any such agreement it is an unnecessary problem which may develop into complication at a later stage.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1) once gift deed is executed by mother you would be absolute owner of property

2)sisters would not have any share in the gifted property

3)even if they file case they may not succeed

4) your wife can file case against her brother claiming share in land standing in name of her deceased father and fraudulently transferred in his name  
Ajay Sethi
Advocate, Mumbai
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1223 Consultations
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1. In accordance with gift deed the title transferred instantaneously to the donees i.e you and your brothers, so your sisters cannot succe
ed to the property unless they successfully challenge the gift deed in the court on the grounds of duress or undue influence. No share devolves to your brother-in-law.

2. You and other donees are free to alienate your respective shares.
Ashish Davessar
Advocate, Jaipur
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Sisters  can file suit to challenge gift deed but they have to prove allegations made that gift deed was executed by undue influence 

2) chances of success for setting aside gift deed are bleak 

3) if they win they would have equal share in property
Ajay Sethi
Advocate, Mumbai
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The burden to prove that they were forced to sign will rest on them and even though they may make an attempt, it should be seen whether such a claim is barred limitation.
Also it is not a joke that the registered gift deed can be revoked on some flimsy reasons or at their whims and fantasies. 
They have hardly any chance to prove their case or win it.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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