Gift deed from father to his daughter (my mother)
My grandfather has gifted a property ( 1/5th share), self acquired by him,by means of a regd. gift deed to my mother, one among his 5 children.There are seperate gift deed to all the 5 siblings from my grandfather.
After my grandfather's death, the executor, fabricated false documents and sold off my mother's share to a third party even before she got any ownership as th oroginal regd. gift deed was also not given to my mother.
I am the only daughter of my mother and was a minor when her share was transfered to the third party. My mother is no more.
Do i have any legal remedy against the present person in possession of the property?
Asked 9 months ago in Property Law from Bangalore, Karnataka
1) if mother share was sold by executor to third party your mother should; have moved court to set aside gift deed
2) what was your mother doing for so many years ?
3) how do you explain the delay ?
4) you can move court to set aside sale deed but delay of so many years has to be explained
5) claim would other wise be barred by limitation
1.How come there was an executor in the said gift deed?
2. You can now collect certified copies of the said gift deed and also the illegal sale deed and file a T.S. claiming title of the said property of your mother challenging the subsequent sale deed.
3. If the said executor is alive, then you should lodge a police complaint against him for fruadulently selling your mother's property.
4. You have a very fare chance to win the case.
5. Engage a local lawyer having expertise in this field.
The legal heirs of the donee i.e your mother can challenge the alienation of the property by the executor. If third party rights have been created then the sale deed in favour of the buyer will also have to be challenged. A criminal prosecution for cheating and breach of trust should also be launched against the executor.
1. Whether your mother had affixed her signature in the Sale Deed as the Seller?.
2. If you are confident that the executor fabricated the documents and sold off your mother's share to a third party, you can get the Sale Deed to a third party declared as Null & Void by approaching the competent court.
3. However, without perusing the documents, it would not be correct to opine.
You can gather all the evidences to prove that this share of property ws actually gifted your mother by a registered gift deed.
After ascertaining the title to yor mother, you may file a suit for cancellation of the sale deed in respect of your mother's property and seek possession as a legal heir to your deceased mother. You may include other children i.e., your siblings as plaintiffs and necessary party to suit.
Your mother had become the owner of the gifted property. During her life time if her share was sold off by fabricating false documents and fraud, after her death you being her only legal heir can challenge the said transaction and seek for a declaration that the transaction be declared null and void.
For this exercise you must obtain all the original documents pertaining to the property, thereafter the complete set of fabricated documents, the name/s of the present owner, manner by which he came into possession of the schedule property. If this is done, then it is safe to initiate legal proceedings.