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Land property

(Querist) 24 May 2018 This query is : Resolved 
I had purchased land property with my own money. However, I made sale deed on mothers name at the time of purchase. We are three brothers. After my mothers death she gifted the property to her grandson without my knowledge. The grandson is actually my brothers son. I want to know the legal status of the gift deed.
Morally my mother should have given me back the property.
SHIRISH PAWAR, 7738990900 (Expert) 24 May 2018
You can file civil suit as you paid for purchasing the property. You should have been diligent. Now it is little difficult as the property is gifted to grandson. Appoint advocate and consult with him.
Ms.Usha Kapoor (Expert) 24 May 2018
If you have proof such as witnesses etc prove the factum of gift between your dead mother and her grand son you can get back your land. Even for filing case if your nephew is a major you need proof that the gift property comprises of your own earnings and out of your sweat and blood . if some iota of evidence is there file a suit for recovery of land.
R.Ramachandran (Expert) 24 May 2018
Please be clear with your facts.
You say: "After her (mother's) death she GIFTED the property to her grandson..."
How can your mother gift the property after her death? (Are you saying that she had left any WILL giving the property to her grandson? OR are you really meaning that your mother GIFTED the property?)
Please clarify.
If it is a WILL -
Whether it is a Registered WILL?
Whether your mother was in sound mind and health at the time of writing the WILL?
Ganesh (Querist) 24 May 2018
Thank you Mr Pawar, Ms Kapoor and Mr Ramchandran for your advise. To clarify Mr Ramchandrandan,s query. I came to know from my brother that mother has made the land property on grandson,s name. This I came to know after my mothers death as she was staying with my brother. It came as a shock to me. There is no will made. But he showed me the sat bara with grandson,s name.
R.Ramachandran (Expert) 24 May 2018
Name in 7/12 is not enough.
He should produce the Registered GIFT DEED. Otherwise the GIFT has no validity.
If the GIFT has no validity, then at worst (if you are unable to prove that you had entirely funded it and therefore the property belongs to you alone), the property in the name of your mother can go equally to all her legal heirs i.e. her sons and daughters.
Kumar Doab (Expert) 24 May 2018
The grandson was major or minor at the time said property was gifted/given to him?
Currently grandson is major or minor?
Have you obtained the copies of properly related docs from O/o Authority under whose jurisdiction property falls.
Ms.Usha Kapoor (Expert) 25 May 2018
I stick to my opinion as stated above..
Guest (Expert) 25 May 2018
Have you seen gift deed? If not ask your brother to give you a copy of gift deed. In the absence of any valid gift deed all the class-I legal heirs of your mother would have equal shares in the said property that being registered in the name of your mother.
Ganesh (Querist) 27 May 2018
Thanks All for your valuable comments.
Kumar Doab (Expert) 27 May 2018
You may go thru;
THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
https://dea.gov.in/sites/default/files/Benami%20Transaction_Prohibition_%20Act1988.pdf
THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988;2(9)
https://indiacode.nic.in/bitstream/123456789/1840/1/198845.pdf


THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016;4(9)
http://www.prsindia.org/uploads/media/Benami/Benami%20Transactions%20Act,%202016.pdf
Kumar Doab (Expert) 27 May 2018
And; simple to understand;
Chattisgarh High Court
Omprakash Dubey vs Kapuri Bai

20. Original plaintiff or present respondents/legal representatives of the plaintiff have neither pleaded nor proved that the appellant was holding the property as a trustee or in a fiduciary capacity for the benefit of other persons for whom he was a trustee or was standing in a fiduciary capacity, inter alia, as per original pleading and amended pleading, the property was owned by Radhikacharan Dubey as his self-acquired property or property was owned by joint Hindu family. Nothing has been pleaded by original plaintiff or his legal representatives that the appellant was a trustee or standing in a fiduciary capacity for the present respondents, original plaintiff and for others. Inter alia, it has been specifically pleaded that the owner was the plaintiff and he has purchased the property in the name of the present appellant.
21. Patently case of the present respondents or original plaintiff do not fall within the exception of clause (a) of sub-section (3) of Section 3 or clause (a) & (b) of sub- section (3) of Section 4 of the Act, 1988, inter alia, as per pleading it was benami property and after coming into force of the Act, 1988, the real owner was prohibited for filing suit, claim or action to enforce any right in respect of any property held benami in terms of sub-section (1) of Section 4 of the Act, 1988.
22. In terms of Order 22 Rule 3 (1) of the Code, the present respondents were not entitled to amend their plaint or make claim other than the claim of original plaintiff. As per pleading of the plaintiff the appellant was Benamidar and suit was not maintainable in terms of Section 4 (1) and Section 3 (a) & (b) of the Act, 1988.
https://indiankanoon.org/doc/81906189/
There are many threads on similar query at LCI that you can search in SEARCH option at LCI
e.g;
http://www.lawyersclubindia.com/experts/Benami-property--355381.asp

Kumar Doab (Expert) 27 May 2018
IT=@PSD
The postor entity at 9th post is wrong.
The term ClassI legal heirs is not applied to Hindu woman.
You have not confirmed if all involved are Hindu.
Still since you have not objected to terms like ClassI legal heirs being used IT is assumed that you are all Hindu.
IN case of Hindu woman the nature and source of property matters.
If the property is self earned/acquired/absolute the 1st right is of her husband (if alive as on date of her death), sons , daughters…
It is felt that IT shall be safer to assume the inheritance since apparently as per your post the deceased Lady (your mother) did not dispose the property whose title was in her name during her life time by a valid/registered deed and mere mention on said extract may not necessarily be by virtue of valid deed; say ..gift deed/WILL etc

In future in case you have proof of source of funds buy in your name and dispose as you wish,.
For matter at your hands approach in person a very able LOCAL senior counsel of unshakable repute and integrity specializing in property/civil matters and well versed with applicable rules/personal laws/laws/citations and having successful track record…. and worth his/her salt..and show all docs and give inputs in person.
Check for such counsels at LOCAL O/o Tehsildar, civil courts, HC,SC..
If you have already discussed in person pls post the version of your counsel.


Kumar Doab (Expert) 27 May 2018
You are welcome.
Guest (Expert) 27 May 2018
Some quacks, crooks and cracks have been seen trying to dominate the LCI by making multiples of their vague & irrelevant posts.
Kumar Doab (Expert) 30 May 2018
Nothing new in last post of IT=@PSD …
As usual IT=@PSD=NIL,ZERO in this thread also..being crook, crack, quack what else IT can do.


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