I am from bangalore now you have and iam very knew to this my sister has been preparing for this for longtime. All of you have told that she can claim anytime but we want to know If my mother can gift deed this house to me and step sister can challenge after 12 years or that time they can say that she cannot gift deed to me cancel my deed If my mother has to make what type of gift deed she has to make . I am asking for a solution from them doing anything because i do not what their doing with the money they took and in if the property value increases so is the money they got . So in court I have to demand in which way the money they got. One thing is the money they took is equal to sale deed the money spent to buy the equal share house in my share.
Now if iahve to sell this house and keep their share in liquid form in the bank then we are both in equal that will minus our share and give them the rest . If i sell the house. Can i sell after my mother makes a gift deed.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Your mother can execute gift deed of her share in property
2) gift deed should be duly stamped and regd
3) you are at Liberty to sell the house after mother executes gift deed in your favour
You can sell the property only when the property is in your name.
For the property to come to your name you have to get it transferred to your name by a registered deed.
The registered deed may be by a settlement deed or a gift deed by your mother to you.
For executing a registered gift deed in your favor your mother should have marketable title.
If the property is transferred to your name by a registered deed then your step sister or anyone cannot challenge the same if the donor has a marketable title to transfer this property to you.
You may consult a local advocate and discuss all the points elaborately in person.
The owner of a property can always execute a gift deed of it in favour of anyone he desires, whereas the gift can be challenged only on the ground of incompetency of the donor to gift the deed or that the gift deed was executed without free consent of the donor. One who challenges the gift on any of the above grounds has to prove the same through cogent evidence in the court.