Regarding share in the property
dhanalakshmi nair
(Querist) 15 December 2014
This query is : Resolved
My mother got 39 cents including house in that from her father in Kannur(Kerala) . Out of it, 10 cents given to my brother. Rest of land including house( in which my mother + my elder sister family living) was registered in the name of my elder sister in the year 2002 without informing/without consent of me & my younger sister. In the year 2011, my sister left my mother alone in the house. As she is 71 years old and can not live alone my younger sister took my mother to her house by locking the house. Then my elder sister broke the lock and put new lock restricting my mother to enter into her house.
Now my old mother is staying with my younger sister who got no share in the property.
Now what i would like to ask you sir, Can we (myself & my younger sister) file suit for cancellation of registry and claim our share. Please suggest.
NAIR D
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
The property inherited by your mother will become her own property and she has full rights to dispose it in any manner she desires to do so, accordingly her action of settling 10 cents of land to our brother and the remaining land along with the house to your elder sister by way of unconditional settlement deed or gift deed, it will be held as valid and legal. Now, even if your mother wants to take it back she cannot do it neither she can revoke the registered deed.
Rajendra K Goyal
(Expert) 15 December 2014
If it was given through registered gift / settlement / sale deed, it would be difficult to reverse the decision. However, consult local lawyer and show him the relative documents.
