sale of property
Querist :
Anonymous
(Querist) 14 January 2011
This query is : Resolved
iwant to know about the sale of my property,i got my property from my mother, she got it from her mother, and in 1974 she got the propperty registered in her name , and it that paper one of his brother didnot signed in it , and now after 26 yrs iam going to sell this property,whether my mother brother has any rights in this property, to claim the property after 26 yrs and mothers brother is 84 yrs old
R.Ramachandran
(Expert) 14 January 2011
Dear Anonymous,
When you say that your mother got the property from her mother - you have to clearly indicate how did she get the property? Whether through gift deed or through Will or after death of her mother by way of inheritance.
Where is the property situated?
If it was through gift deed, whether the said deed was properly registered or not?
If she got the property by way of inheritance then whether all her brother(s) and sister(s) got the equal share or not?
Again, when you say that you got the property from your mother - how did you get it - whether through Will or Gift or by way of inheritance?
Only after knowing the above information, it would be possible to give an appropriate view.
Querist :
Anonymous
(Querist) 14 January 2011
my mother got it a gift deed from her mother and it is registered in 1974, and same as i have told that brother has also got his gift deed from his mother, and i got it through paying money to my mother for registering this property and i had paid the stamp duty for the property and i have paid all taxes of my property, now that unsigned brother of my mothers has any right to this property whether he can claim for it or sue it in court for his share
B K Raghavendra Rao
(Expert) 16 January 2011
Same property cannot be gifted twice to two different persons without invoking the earlier gift deed. If your mother had got the gift registered in 1974 and without its revocation, if your uncle had got the gift deed registered later, then the gift deed executed in favour of your mother stands valid and you become entitled for ownership if you are the only offshoot of your parents and if your mother is not alive. Only under such circumstances you can sell the property in question.
