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Author :
Sanjiv Malhotra
Posted On 20 June 2012 at 20:01
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My father-in-law and mother-in-law together are joint owners of a flat. My mother-in-law expired intestate in 2009. i believe that the 50 % share of my mother-in-law is equally divided between the 3 surviving family members i.e : my father-in-law, my brother-in-law and my wife, each aggregating 16.66 %. My father-in-law would be holding 16.66 % + his share of 50 % equaling 66.66 % and my wife ( his daughter ) 16.66 %. subsequently my father-in-law has gifted his share i.e 66.66% to his daughter vide a duly fully stamped & registered gift deed. The holding of his daughter now aggregates 83.32 % and the balance 16.66 % is held by her brother. The querry : The brother is in full possession of the flat as my father-in-law is living with us due to family feuds. I would like to know the legal status of my wife in regard to the property and her rights in the same. can she shift into that flat and claim 84 % living area ? what is her legal standing and what can she enforce in law.Further can the brother challenge the gift deed ? and on what grounds, the gift deed was duly attested by a doctor that he was of sound mind and body while signing the gift deed. your early reply will be highly appreciated Thank you, regards
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Expert :
A V Vishal
Posted On 20 June 2012 at 20:42
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Is the gift deed registered?
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Expert :
Jai Karan Nagwan
Posted On 21 June 2012 at 08:12
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Not tenable in law, would be challanged that document exected with undue influence, fraud and misrepresentation. Kind suggestion in the interst of so close relations, settle the matter within family. Both are going to lose a lot if matter goes to court.
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