regarding partition claim by brother
Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
sir, my brother 6 months ago transfer property on his name to his mother-in-law name . which was actually purchased by my father in 1981 in the name of my brother when he was only 6 yrs old. and after we came to know that he has transfer this property in his mother-in-law name we (means my father and my yonger brother) filed suit against a my brother claiming the null and void transfer and cancellation of sell-deed. because this property was purchased by my father in the name of brother when he was 6 yrs old. but,in written statement he said that at that purchase time my grandmother given cash money to my father to purchase this land and a before the death of grandmother she told him that i have gifted this land to you. sir,can it is possible ? when in registry it was mention that his guardian is his father and at the time of purchasing this property my brother was only 6 yrs old . wheather he is having right to sell this property saying that it gift given by my grandmother and it is my self-acquired property? pls give your valuable suggestion and direction ......
Guest
(Expert) 23 February 2011
suit for declaration is maintainable against your brother. The document is only created for namesake only and not acted upon. regarding the oral gift it is the burden of the your brother to prove the same.
