transfer of property
Rohit sengupta
(Querist) 20 February 2017
This query is : Resolved
Dear respected members , i have an query , my mother had a property on her name which was purchased by my father on her name , but due to some familly dispute my mother transfer the whole property on my brother name with registered gift deed and the property is mutate on his name , before transferring the property my wife filled a dv case demanding residence share , on my mother which is on trial on lower court , now my question are..
1. As my mother is a house wife and she dont have any sources of income , how she can transfer the property?
2. During dv case Is it legal to transfer the property?
3. Is there any scope to cancel the registered gift deed?
4. What can I do in this stage?
Please advise.
Waiting for yours valuable reply.
Adv. Yogen Kakade
(Expert) 20 February 2017
1. The property has been purchased in the name of your mother, then your mother becomes the owner of the property and she has every right to dispose the same as per with and will. She being housewife and not earning anything does not mean that she has no authority to transfer the property.
2. The DV case is between you and your wife. It has nothing to do with the transaction of your mother.
3. The deed registered cannot be cancelled.
4. Fight your DV case.
Rohit sengupta
(Querist) 20 February 2017
Thank you sir for your valuable advise. Sir I have an last query , does this property falls under benami property?
Rohit sengupta
(Querist) 20 February 2017
Thank you sir for your valuable advise. Sir I have an last query , does this property falls under benami property?
Rohit sengupta
(Querist) 20 February 2017
Thank you sir for your valuable advise. Sir I have an last query , does this property falls under benami property?
Kumar Doab
(Expert) 20 February 2017
It becomes absolute property of wife (mother).
She can dispose it by a valid deed.
Rohit sengupta
(Querist) 20 February 2017
Thanx all for their valuable advise.
Kumar Doab
(Expert) 21 February 2017
You are welcome.
Kumar Doab
(Expert) 21 February 2017
Thanks for agreeing with experts Ms. Usha Kapoor.
Posting agreement encourages everyone.
Rajendra K Goyal
(Expert) 21 February 2017
You Said:
1. As my mother is a house wife and she dont have any sources of income , how she can transfer the property?
Reply:
She is owner, she can transfer the property legally till there is no stay from the court.
You Said
2. During dv case Is it legal to transfer the property?
Reply:
Yes, she can transfer the property legally till there is no stay from the court.
Rajendra K Goyal
(Expert) 21 February 2017
You Said
3. Is there any scope to cancel the registered gift deed?
Reply:
It is difficult, show all documents to local lawyer.
You Said
4. What can I do in this stage?
Reply:
Should support your mother if DV case is against her also.
Rohit sengupta
(Querist) 27 February 2017
But as my mother is a house wife and she dont have any sources of income , then how can she is absolute owner of that property ?
