Dispute over gift deed
Sandeep S
(Querist) 09 June 2014
This query is : Resolved
We are 6 brothers and 5 sisters, i had purchased land from my income in mother's name in 1997. She gifted ("Gift Deed") it back to me in 2010. Now my brothers are challenging partition suit in court claiming that it is family owned property, though my mother and sisters are accepting that it is property that should belong to me. Please let us know the outcome of this court case and how we could proceed further.
Devajyoti Barman
(Expert) 10 June 2014
Your brothers can not succeed in partition suit of you could prove that you bought in by your's income.
So file your written statement in the court making all these statements and tell your lawyer each and every fact so all relevant facts can be mentioned.
Guest
(Expert) 10 June 2014
Rare chance for your brothers to win!
First of all your brothers will have to prove about their investment in the property and the source of income claimed to have been invested in the property.
Secondly, irrespective of the property being trated as family property, your mother being the absolute owner as per documents and also if your mother takes a firm stand on her gift deed, your brothers cannot win, provided your case is effectedly and sincerely presented by your advocate in the court of law.
Rajendra K Goyal
(Expert) 10 June 2014
Your brother is on weak footings legally in the matter.
Laxmi Kant Joshi
(Expert) 10 June 2014
it is a futile exercise done by your brother, if all relevant document of the property is in the favour of your mother then she is the actual owner of that property and she have all rights to transfer her property as per her wish by making the gift deed or by other mode , now you have an exclusive right over that property, your brother will not succeed in this case .
malipeddi jaggarao
(Expert) 10 June 2014
1. It is not ancestral property.
2. Regd.sale deed is in the name of your mother. Prima facie, it is her self-acquired property.
3. You have purchased the property in your mother's name. With what intention? It is not given in your query.
4. How you have paid the sale consideration. Can you prove that the sale consideration is paid by your sources. If yes, you can give this evidence to your advocate.
5. In any case, if your brother wishes to be successful in challenging the gift deed, at least he should prove that he has contributed for payment of sale consideration. Anyway it is not possible for him. Hence, his chances of success in his efforts are bleak.
6. The narration in the gift deed executed by your mother is also important to some extent.
Sankaranarayanan
(Expert) 10 June 2014
Well advised by Barman ji and i do stand with him , act according his suggestion
ajay sethi
(Expert) 10 June 2014
agree with experts
T. Kalaiselvan, Advocate 
(Expert) 11 June 2014
The property in your mother's hand will be treated as a property in a woman's hand to be her own absolute and exclusive property, which she can dispose it in any manner she desires so, nobody can question her rights in this regard, hence let your brothers file the suit, you can challenge the same on this ground itself.
M V Gupta
(Expert) 11 June 2014
I am also of the opinion that the suit filed by your brother cannot succeed for the simple reason that the property stood in the name of ur mother and she gifted it to u.Ur mother should state in her written statement that the property was purchased by her with the money provided by you and therefore she had gifted it to u.
Kumar Doab
(Expert) 11 June 2014
Fully explained by experts.
Agreed with experts.
Sandeep S
(Querist) 11 June 2014
Thanks a lot for all the valuable responses. Very much appreciated.
Raj Kumar Makkad
(Expert) 14 June 2014
Very well advised by the experts leaving no room to enter.
