• Can I contend against the registered property

My husband has one younger sister. 10 years back my husband and my mother in law jointly have registered the house in my sister in law's name stating that they are gifting the house to her in the registration papers. I was not aware of this at that time. (The property was in my father in law's name which was eventually transferred to my mother in law after his death - not ancestral property) Can I contend this issue in the court ? Pls reply.
Asked 3 years ago in Property Law from Bangalore, Karnataka
1) you have stated that on your father in law death property was transferred in your mother in law name .was the consent of other legal heirs ie your husband / sister in law  obtained . ? 

2) if property was validly transferred your mother in law could execute gift deed in your sister in law name as she was absolute owner of property . 

3)how did your husband also execute gift deed? once he had relinquished his rights in  favour of you mother in law he could not execute gift deed . 

4) you cannot contest the issue in court as you have no share in said property . 

5) no case of cheating is maintainable
Ajay Sethi
Advocate, Mumbai
46817 Answers
2769 Consultations

5.0 on 5.0

1. u cannot file case in court to claim ur share as u do not have any share in said property.

2. u cannot file cheating case also against ur SIL.

3.ur matter is now time barred and u cannot file any type of cases.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

As stated above, if the property was transferred in the name of your mother in law then  was a consent deed or relinquished deed was executed?
We will have to first examine the same and then we will be in a position to answer your query.
Further, after complying all  legal steps, if  the property was transferred in the name of your mother- in law then she has full right to execute Gift deed and give the property to your sister in law.
Even otherwise you will not have a right on your father in laws property till the time your husband is alive. Your husband will have the right on the property and he also has full right to relinquish his share to anyone he desires.
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

Hi, as the property is belonging to your mother in law and you have no right to claim the property belonging to your husband and his family members.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

You are advised to maitain good relations with your husband and in-laws. Any unnecessary involvement in their personal matter will harm you in better marital life.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

4.5 on 5.0

A. After the demise of the Father in law that your husband, mother in law and other legal heirs are entitled to get share over the property.

B. Property gifted by the mother in law as well your husband is perfectly valid transaction.

C. You have no right to question the above transaction and there is no question about cheating in your case.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

1. There are few loopholes in your query,

2. After the demise of your father in law, intestate, the property was inherited by your mother in law, husband and sister in law. How was it transferred in the name of your mother in law? Was there any gift deed registered by your husband and sister in law gifting their share of the property in the name of your mother in law? If yes, then your mother in law was the sole owner of the said nproperty and she alone is authorised to register a gift deed in favour of your sister in law. How has your husband executed the said gift deed alongwith your mother in law?

3. However, be whatever may, you have no share on the said property of your father in law in any way,

4. You can file no case against your sister in law, leave aside cheating case, since you have no locus standi in the matter during the lifetime of your husband.
Krishna Kishore Ganguly
Advocate, Kolkata
18783 Answers
454 Consultations

5.0 on 5.0

You could challenge the transaction(in the name of your children) which had taken place 10 years ago unless the property involved was not self acquired property,but as you said property not ancestral so chances are little provided your personal laws.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

1.Any proceeding after 10 years is time barred.
2.you have no locus to file any case as you  have no rights in the property.
3.cheating case is not maintaiable against sister in law.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. The facts, as furnished by you, reveal the following chain of events. The property which was owned by your father-in-law passed to your mother-in-law, husband and sister-in-law equally after the demise of your father-in-law.

2. Subsequently your mother-in-law and husband gifted their share in the property to your sister-in-law by making a gift deed in her favour. Gift deed once made cannot be revoked at the throw of a hat. There are very limited grounds available under the law such as fraud, force, etc on which a deed of gift can be challenged in a court of law. 

3. After the execution of gift deed your sister-in-law became the absolute owner of the property gifted to her. The gift deed cannot be challenged by you under any circumstances as you had no right in the property. It can be challenged only by your husband or mother-in-law on the ground of fraud. 

4. No case of cheating can be filed against your sister-in-law.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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