sale of property

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
i got property by paying money to the mother and the stamp duty and is registerd, and my mother got the property from her mother through gift deed, and is registered, and that time my mothers one brother was not here and he didnot signed in it, then it was also registerd in 1974 , and that brother has his share by gift deed from his mother, and now in 2010 iam going to sell this property , buyer told me that my mothers property that she got from her mother through gift deed, and that time of property registration that brother has not signed in it, he may later claim his share for my mother property which she gave me for my money not gift deed, is it possible whether he can claim it my mothers brother is 84 yrs old is it possible

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Devajyoti Barman (Expert) 14 January 2011
Legally speaking your uncle still has ot share in it and can enforce his rights in it. But given in the circumstances of passage of time and his ripe old age the same may not be a very likely incident.

adv. rajeev ( rajoo ) (Expert) 15 January 2011
When your grand mother had gifted the property to your mother then your mother is the absolute tittle over the such property. You uncle cannot seek any share if it is self acquired property of ur GM.

Kirti Kar Tripathi (Expert) 15 January 2011
I agree with Rajeev, at the time of gift, your grand mother was absolute owner of property so gift in favour of your mother is valid.

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