Mother's brothers acquired all property from grandmother without giving share to my mother
AKSH
(Querist) 19 December 2013
This query is : Resolved
My mother's brothers acquired all property from my grandmother without giving share to my mother. Grandmother is around 70 years old and she is incapable of taking her own decisions. my mother belong to grand mother's first marriage and the brothers are from her second marriage. In documents it is shown as the grandmother gifted all property to the sons. But she did it thinking that property worth only around 3 lakhs but actually it costs around 30 lakhs.In papers its shown 1 lakh. Apart from this, my mother 3 years back gave 1.5 lakhs for furnishing the house. Now all those are taken by her brothers.
How can my mother move legally now ?
ajay sethi
(Expert) 19 December 2013
contact a local lawyer . you have to prove grandmother is incapable of taking any decisions . that gift deed is vitiated by undue influence or fraud
R.K Nanda
(Expert) 19 December 2013
first send legal notice to brothers to give
ur mother share failing which file partition
suit.
R.K Nanda
(Expert) 19 December 2013
challenge gift deed in civil court .
Rajendra K Goyal
(Expert) 19 December 2013
How the property acquired by your grand mother and what are the provisions of gift deed.
Contact a local lawyer and show him all the documents.
Devajyoti Barman
(Expert) 19 December 2013
file civil suit to declare the deed as void being executed by playing fraud.
AKSH
(Querist) 19 December 2013
how much time is left for my mother to move legally ?
Is there any maximum time period after which we cant question any transactions?
This registration of property was done last year.
ajay sethi
(Expert) 19 December 2013
you can challenge transactions made last year . within limitation period
AKSH
(Querist) 19 December 2013
it would be useful for the public who read it if you can specify the limitation period . Heard it is 12 years or something but not sure .
V R SHROFF
(Expert) 20 December 2013
deed be declared void/ send notice/ file suit thereafter
Surrender K Singal
(Expert) 20 December 2013
12 years is correct to claim your legitimate share
Surrender K Singal
(Expert) 20 December 2013
12 years is correct to claim your legitimate share but delaying may not be in her interest
prabhakar singh
(Expert) 20 December 2013
When your mother's mother whom you tell to be of 70 years of age has right to file a suit of cancellation of gift deed(if registered)in Civil court pleading that her consent was obtained by undue influence and misrepresentation of facts amounting to fraud.
In the life time of your's mother's mother your mother can not file a suit.If her mother is not ready to file any suit,your mother would get right to file suit suggested only after death of her mother.
Consult a nearby civil law lawyer.
Guest
(Expert) 20 December 2013
Could you please tell how or thro' whom your grand mother got the property
AKSH
(Querist) 21 December 2013
Grandmother inherited all property from her father
Guest
(Expert) 21 December 2013
Your mother's rights cannot be denied.Consult a good lawyer and start the legal proceedings
AKSH
(Querist) 21 December 2013
Does the property comes under ancestral property ?
prabhakar singh
(Expert) 21 December 2013
14. Property of a female Hindu to be her absolute Property.-
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
Explanation.- In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or otherewise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or note, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
Devajyoti Barman
(Expert) 21 December 2013
yes, for4 declaratory suit, the time is 12 years.
