Title of property after being gifted to us in 1984

 


Querist : Anonymous (Querist)
01 July 2018

I jointly own a commercial shop at Nagpur with my brother. The property on official records is owned by a Society but the ownership of the shop is with us and Society has issued us share certificate for it.

The property original owner was my father, he expired in 1970 and transferred the property to my mother via will who then gifted the property to us via a (unregistered) gift deed in 1984 since there was no registration required at that time for gift deeds. The Society transferred the property in our name and issued us share certificate.

My mother expired in 2009.

All the transactions were done on Society records and there is no registered agreement for any of the above since it was not required in 1984.

Our parents have 2 daughters and 3 sons and they have their own children. Now one of the son's daughters is raising issue and asking for her share of the property after so many years. I fear she might file a court case and get the property sealed under a court receiver.

What is my legal stand towards the title of the property ? Can she do anything at this stage after the property was gifted to us by our mother in 1984 ?


Kishor Mehta (Expert)
01 July 2018

All the legal heirs of the legal owner become equal beneficiaries in his/her property, in the event of his/her death, in absence of a probated Will.

niranjan (Expert)
01 July 2018

If the gift deed did not require registration and it has already been acted upon since 1984,you have absolute right over the property and son's daughter has no right to challenge while her father is alive.

Ms.Usha Kapoor (Expert)
02 July 2018

I Agree with niranjan


Querist : Anonymous (Querist)
02 July 2018

"son's daughter has no right to challenge while her father is alive."

Her father is dead.

Here is a basic chart of the how the property was transferred.

Mr. X had 3 sons and 2 daughters.

Mr. X === (will 1974) ===> Wife of Mr. X === (gift deed 1984) ===> Two sons of Mr. X (both alive)

Dispute created by 3rd Son's daughter after the 3rd Son died few years back. She has got the children of other 2 daughters involved in it also.

- Presently is the property status inherited / ancestral or self - acquired for the 2 son's ?
- Can anyone get the gift deed declared invalid / illegal at this stage ?
- Can anyone file partition suite or any other suite in this property in any court ?
- Can anyone stake claim of any nature in this property ?

P. Venu (Expert)
03 July 2018

How is that the property is owned by the Society? Why gift deed required no registration?


Querist : Anonymous (Querist)
03 July 2018

It belong to some "Nagpur Improvement Trust Board" and it was handed over to a Society. That how many properties have been developed in Nagpur.

I don't know why gift deed in 1984 did not required any registration.

P. Venu (Expert)
03 July 2018

What was handed over - the land or the property with constructed houses/apartments?


Querist : Anonymous (Querist)
03 July 2018

"By an original indenture the Nagpur Improvement Trust (NIT) demised to a Society a plot of land and to hold the same for the term .... ". I think NIT had lease the land to the Society. The Society constructed 70 - 80 shops and sold them, and which Mr. X had bought one in 1972.

Its a lease hold land rights with NIT. Long term lease for years 1972, 1985, 2022.

Sorry my mistake.


Querist : Anonymous (Querist)
03 July 2018

That the best I know



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