Father giving gifting deed to elder son ignoring small son
raju
(Querist) 27 April 2016
This query is : Resolved
My father bought 62.22 yds in vijayawada, while retiring with an amount of Rs.5.90 lakhs (source of unds is 1.90 with his retirement funds as Dhobi and 3+1 lakhs loan in sbi) for which Me last son and sister were sureity.
Later constructed g+1 house with 7+2.7 lakhs for which we both stood as sureity. I have three sisters and one brother, 3rd sister unmarried and me married. My unmarried sister staying at ground flor with my father and brother with wife staying at upside without rent. Now my brother have purchased flat and not willing to vacate the house and not agreeding to give fund for sisters marriage
We quarrlled with eachother and now Father is willing to Gift deed to my brother ignoring the small son and unmarried sister,
Whether my signature is required or not for gift deed?
Gift deed means? and whether i have any rights or not who stood sureity in all the loans?
The house is not slef acquired by my father (just 1.90 lakh of retirement funds) and loans paid by my sister and me, but borther is tricking and creating troubles and favoured my Father who is cheating all the family members.
Please give me some idea, i am very desparate.
Kumar Doab
(Expert) 27 April 2016
Being a surety does not award any ownership rights.
If you have paid the loan and have proof then you can request to pay it back.
The property is no doubt self acquired by your father and he is free to give it to anyone.
raju
(Querist) 27 April 2016
Does father and son have proofs fr any payment only by trust we gv money n others i.e brother took advantage, only it wil reflect in my father acct statement i.e d only proof i hv.
raju
(Querist) 27 April 2016
Plz gv response
V R SHROFF
(Expert) 27 April 2016
SELF acquired PROPERTY OF your father
you are at mercy of your father.
try to please him, and serve him with sweetness to get any reward from your father.
law won't help you.
Rajendra K Goyal
(Expert) 28 April 2016
Father is owner of the property and he can give / gift / sell / mortgage it as per his wish. You can not object.
If you have paid off the loan as guarantor, you can claim your paid amount.
Amicable settlement may fetch better results.
Sudhir Kumar, Advocate
(Expert) 22 May 2016
you never said that :-
you refunded the loan as surety
the loan was raised for the property.
If you and your sister have funded the property without you being partial owner then leave it now.
Sudhir Kumar, Advocate
(Expert) 22 May 2016
repeated
http://www.lawyersclubindia.com/forum/Father-gift-deed-to-elder-son-ignoring-younger-son-136325.asp
Guest
(Expert) 30 June 2016
Dear Raju,
Surety means surety for repayment of loam EMI's, not any type of ownership to sureties in lieu of that. There is no need for getting signature of the sureties if your father decides to gift his property or even to dispose off in any manner, if otherwise permisible.
You can't say that the property is not your father's self owned property. Loan does snatch his title of ownership.
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