Sale land
Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
Dear all,
My mother has some land (from her father. He acquired property). My mother want to gift to myself and sisters. But my brothers file suit against this land also informed to Public through Daily news paper (for no sale rights to my mother and gift her daughters ) also we received summon from court.
(case Mother, Daughter Vs son) my self along with two sister & brothers 2
1. In this time my mother sale the properties is valid/ or not
2. After sale arise any problem
ajay sethi
(Expert) 20 December 2011
1)if your mother has inherted self acquired property of her father she can dispose it of as she pleases . you rmother can execute gift deed in your and sister favour . the gift deed should be duly stamped and registered .
2)if your brother has filed any suit against your mother /sisters/ is any interim orders passed by court?
3) if court has directed that staus quo be maintained your mother cannot proceed with the gift till interim order passed by court is vacated
Querist :
Anonymous
(Querist) 20 December 2011
Dear Sir,
My mother presnt live with us. how we vacate the suit. this assts are purely my mother owner. in waht way vacate?
Querist :
Anonymous
(Querist) 20 December 2011
My father live with brothers.
ajay sethi
(Expert) 20 December 2011
you ahve to engage a lawyer . file your reply in the suit . draw attention of the court to fact that your mother is absolute owner of the property . the property must be registered in her name . court will efuse any interim reliefs
Devajyoti Barman
(Expert) 20 December 2011
To fight the suit and get it dismissed likely to take years together sufficient to make you all go nuts.
Your brother is very clever and hence he has taken this tactics. So better go for a good deal with her.
Otherwise your mother can do anything with this property as she likes.
Raj Kumar Makkad
(Expert) 20 December 2011
I suggest you to immediately get the gift deed executed and let the case be defended thereafter as if you have not heard anything. As the ultimate fate of the case is dismissal so it is better not to bent upon illegal tactics of your brother. As stay order is passed in the presence of both parties so there is no such order existing as on date so do it tomorrow itself prior to joining the court.
Once you go ahead, he shall have no option but to make compromise with you.
prabhakar singh
(Expert) 21 December 2011
1.In this time my mother sale the properties is valid/ or not??
Answer:very much valid!
2.After sale arise any problem ???
Answer: none at all.
Querist :
Anonymous
(Querist) 21 December 2011
Dear Sir,
How many years to take by court vacate this suit.(approximate) this land till in the name of My grandfather. But land tax paid by my mother also receipts her name . (copy available 1993 & 1995).
My Mother is successor of this land , so directly that land transfer to me & my sisters. * Our area Lawyer told , any property is coming to public notice (no sale & transfer by brothers ), at the time sale & gift deed is not valid. Pls guide line.
R.Ramachandran
(Expert) 21 December 2011
Dear Mr. Lingam,
Your mother will not be able to transfer the land in question (which is in your grand father's name) by GIFT to you, without first getting the same mutated in her name.
In the meanwhile, the stay can be got vacated very quickly, once it can be proved to the court that the property belongs to your mother and that she has every right to decide whatsoever, your brother has no right, title or interest or claim over the same. His case is an abuse of the process of law. It should not take more time - say more than 2-3 hearings - to get the stay vacated and also for dismissal of his case.
However, as rightly advised by the experts here, since there is a stay, your mother cannot and should not do anything like GIFT etc., to you. That amount to contempt. You will be unnecessarily facing another case, which is avoidable.
