giftdeed
pratyu
(Querist) 22 March 2010
This query is : Resolved
sir,
My father had aquired a plot from his maternal grandfather.He has written a gift deed and registered the plot to my brother.We are (2 sisters and one brother)3 children in the household and all of us are unmarried and are majors.Can my brother apply for mutation without NOC from us and can he build a house or sell the plot without our consent please advice.thankyou.
n.k.sarin
(Expert) 22 March 2010
Madam pratyu,yes your brother can apply for mutation and can also build a house or sell the plot.
you have only remedy to challenge the gift deed in the law of court.
Parveen Kr. Aggarwal
(Expert) 22 March 2010
Yes. The property acquired by your father from his maternal grandfather, became his self acquired property and he could deal with it in any manner he liked. After due execution and registration of the gift-deed, your brother became its absolute owner and he is entitled for its mutation in his name without any NOC from you or your sister and can also construct house or sell it in any manner without your consent.
In case you want to challenge the gift deed, you will have to file a civil suit against your brother.
B K Raghavendra Rao
(Expert) 23 March 2010
You have not explained how your father acquired the property from his maternal grandfather. This is important to see if the property was inherited or otherwise.
pratyu
(Querist) 23 March 2010
sir,
my father,s maternalgrandfather(my father's mother's father)had only one daughter i.e, my father's mother.
My father's mother had expired when my father was a 7 year old boy.The plot was purchased by my father's maternalgrandfather(he was a government employee)long time after her death and he did not make a will in the name of my father or nither anyone else. he had no other relatives but met his expenses with his own money till he died.
After his grandfather's death my father claimed the plot and some of his pension money stating that he was the only sucessor to him as he had no other blood relatives and got the plot in his name.
Now he has written the gift deed to my brother and has left no property to us and our mother.
I would like to know if that plot is considered as ancestral property and do we have right in it. thank you.
Parveen Kr. Aggarwal
(Expert) 24 March 2010
The plot cannot be considered as ancestral property of your father.
