Mukesh Sheth (Senior Manager) 07 June 2011

Family property

MY MOTHER WAS OWNER OF A HOUSE PURCHASED MY FATHER OUT OF HIS INCOME. THE PROPERTY WAS IN THE NAME OF MOTHER.

AFTER SOME 40 YEARS OF ACQUIRING THE PROPERTY, AFTER THE DEATH OF MY FATHER, MY MOTHER GIFTED THIS PROPERTY TO MY BROTHER IN SHEER FAVOURITISM.

BROTHER HAD SOME WATED INTEREST AND HE AND HIS WIFE WOOED AND CAJOLED MY MOTHER TO SOLEY GIFT THIS PROPERTY, DEPRIVING THE BENIFT TO FOUR OF WE BROTHERS. (WE ARE FIVE BROTHERS) CAN ANY LEGAL ACTION BE TAKEN, BECUASE THE PROPERTY WAS ACQUIRED BY MY FATHER OUT OF HIS INCOME, WHEN HE WAS ALIVE, MOTHER DID NOT EVER HAVE ANY INCOME.

PLEASE GUIDE IN THE MATTER

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3 Replies

suresh kumar (junior lawyer) 07 June 2011

you dont have any right over her property if you can sue this matter you dont get any result. in the eye of the it is self acquired property of your mother that why the property belongs to your mother only on her desire she can give his property any person you cannot sue on this matter with out the support of your mother if your mother supported to you on the gift deed matter she can revoke at any time with the gift revocation deed

K.Ganesan (Advocate) 08 June 2011

It appears that the property is the self acquired one of your mother as the title deed stands in her name(presumption). As you also mentioned a time period of 40 years, the title of the mother will hold good. The gift deed is irrevocable. The fact of your fathers money is used, will be difficult to establish (especially after a substantial time period) and to fetch you a favourable result

Pradeep (Manager) 08 June 2011

My father are three brothers and one sister. Sister is divorcee (no issue) and my grandfather did registry in his name as my father was in the field at that time. Now my father two brothers and sister accompanied and trying to bedakhal. Although we lived there in this property since we bought. What to do and how to go? Is any law that we can get at least 1/3 of the property of our grandfather. How to go?