Property case filed by my Aunty's son and daughter
Manohar
(Querist) 19 April 2015
This query is : Resolved
Dear Sir,
My name is babu, I have got a notice from my Aunty's son and daughter.
My father gave 1.5acre land to my aunty and she sold and enjoyed, but my father not done any partition or release deed.
Meanwhile my grandma and my father gifted 3acres land to my aunty on agreement of giving her younger daughter to me for marriage.
After gifting land my aunty changed her mind and she fixed her daughter marriage with someone else.
So my father got angry , then he asked 3acred to return, after arguments, my aunty returned 3 acres back my father through registered gift deed.
Now her first daughter and fifth son has filed a case asking 1/3 property share in these 3acres and saying they don't know about this gift deed.
My aunty has five children's.
Now my father is no more...so they want to trouble me...and my unmarried sister. Now me n my sister are the only members in my family.
I am very scared and seeking advice on this case. I am unemployed at present.
Is this case valid, can my Aunty's children allowed to file a case on me and my sister?
I want to sale this land to come out of trouble, shall I sale this land, any problems come if I sold.
Please help...as I am not in a position to hire a lawyer.
Thanks in advance.
Babu
Advocate M.Bhadra
(Expert) 19 April 2015
If your aunty transfer the property by a registered Deed of Gift to your father during her life time then her son or daughter can not claim. You can contest the suit by filing a Written Statement and if there is no injunction in the suit then you can sell the property to the outsider.
Rajendra K Goyal
(Expert) 19 April 2015
Son / daughter can not claim share on the property gifted by mother or father.
Consult a local lawyer and oppose the claim.
Manohar
(Querist) 20 April 2015
Thank you Sir.
Your words gives me little bit relief...
Manohar
(Querist) 20 April 2015
Thanks for your advice...
Dr J C Vashista
(Expert) 20 April 2015
Show all the documents to a local lawyer and proceed as advised.
ajay sethi
(Expert) 20 April 2015
agree with experts
malipeddi jaggarao
(Expert) 20 April 2015
Gift Deed cannot be challenged in normal circumstances unless it can be proved the person who gifted the property is not capable of taking decision as an ordinary man/women takes in the given circumstances. In other words, if he/she is insane/lunautic, then only, gift deed can be contested.
In your case, it is in your favour. Your grandma and father executed gift deed in favour of your aunt and the same property she gifted back to your by way of registered gift deed.
Nothing can be challenged. However, they file the case, you have to contest and bring these facts in your written statement, for which you have to engage an advocate to represent your case. Nobody can prevent people for filing false cases.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
If your aunty had valid title to the property, the execution of gift deed by her to your father will be legal and final upon which your father becomes the absolute owner of the property. Since your father is no mor now, all his legal heirs consisting of your mother, brothers and sisters will be the legal heirs to succeed the said intestate property hence the outsider i.e., your aunty's son or daughter cannot stake claim for a share in the property at this stage.
Manohar
(Querist) 29 June 2015
Dear Sirs Thanks for all your valuable advice's. I am very greatful to you people.
Your feed back really boosted my moral.
I appreciate Sincere Lawyers and your hard work.
Earlier My father hired a Lawyer to get property back and gift deed done by a lawyer, thru proper procedures, on deed lawyer seal and signature available. Now the same lawyer is with my aunty and filed a case against us,opposing gift deed, he says gift deed done outside, which was disappointed.
Any way trustworthy Lawyer's still available, I believe truth prevails.
Thanks for your kind advice.
I pray for your good health.
