Need some Guidance on Gifted Property
Kalyan Chakravarthy
(Querist) 16 October 2009
This query is : Resolved
My father was a Bank Employee. He passed away in 1995. Before he passed away he gifted a 300 yards open land to one of his relatives. My father gifted the property to a lady. She is still alive today. When the property was given to them I was a minor & I was not aware of this at all. Hoping that they will get some shelter. They have constructed a house on that Land. But today after so many years there children have turned out to be greedy. They want to sell the house as the land rates have grown in there locality. I do not want them to sell the land as it is my fathers land. If they do not listen do I have a chance to go legally & get back that property. What are my options.
This property is in Hyderabad.....
adv. rajeev ( rajoo )
(Expert) 16 October 2009
If the property was self acquired property of your then you have no share u cannot get back from the lady.
If its ancestral property then u can claim share in that property.
Who is that lady, to whom your father gifted the property, is she related to your family. It is necessary to know all facts. If the relation between your and that lady is cordial, then let her file a suit against the sons for injunction.
Kalyan Chakravarthy
(Querist) 16 October 2009
Lady is step sister of my Father. If fact that lady's husband force my father emotionally to acquire that property. My father knew about the nature of that family that is the reason why he gifted the property under Gift Law on that ladies name. That lady will not file a case against they grandson who is trying to sell. She lives with them. She is silent on this issue. I do not want to that property to be sold while that lady is alive. That is the only source for her. If they want to sell it. I want that land back on my families name. Please suggest.
Kalyan Chakravarthy
(Querist) 16 October 2009
Land was bought by my Father it is not a ancestral property. It is very sentimental to my mom.
Adv Archana Deshmukh
(Expert) 16 October 2009
If your father had transferred the property by a registered gift deed then you cannot do anything. Only the lady i.e. your father's step sister can do anything about it.
joyce
(Expert) 16 October 2009
when the property is gifted under law once, you cannot get it back. if you are interested in purchasing that land you can enter into the agreement with the lady herself, as she only has a right to disperse the gifted property and not her grand childrens.
Sachin Bhatia
(Expert) 17 October 2009
As you said it was self acquired property of your father then you have no share you cannot get back from the lady.
Bhushan V. Kale
(Expert) 17 October 2009
As it is self acquired property of your father, he is having every right to gift it and you dont have right by birth. Further, the gift is acted upon. If you want to back the property to your family, you have to purchase it.
Kalyan Chakravarthy
(Querist) 20 October 2009
If my father wrote "WILL" that my family or his grand children will have a right on the property. I have to check with my mom for the "WILL". Can we do some thing at that time. I know they will force that old lady to sell the house. Am asking you with a open option. Do we have any chance to stop this sale of the property. you can reply me on vallabh.kalyan@yahoo.in tooo.
Adv Archana Deshmukh
(Expert) 21 October 2009
Once your father have transferred the property by a registered gift deed then he cannot write such a WILL that his family or his grand children will have a right on the property. That WILL won't be valid.
If you want to have that property back, you talk to them amicably, explain them the reasons why you want it back, your mother's sentiments etc,. Once the gift is accepted you cannot stop her from selling the property. If you want it back, then you'll have to purchase it from her. If they want to sell it any how, then they can sell it to you.
