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family dispute

(Querist) 25 December 2008 This query is : Resolved 
respected legal experts,
my mother had registered 2 sites by means of sale deed in my name around 9 years back. those sites were her self acquired property. Now my elder brother have filed a partition suit demanding share in the two sites. my mother is against me now and supporting him due to differences with my wife .plz
tell me what will be the outcome of the suit.
RAKHI BUDHIRAJA ADVOCATE (Expert) 25 December 2008
She has right to give her property to any of her son/child as it is her self-acquired property. For further querries u can contact me at: rakhibudhiraja@gmail.com
Mb.-09711364956
J K Agrawal (Expert) 26 December 2008
If she has made a will in favour of you she has every right to cancle it. If the land is in your name by way of registered gift, you are more safe. If you have a sale deed in your name but the consideration has been paid by your mother, The transaction may come in purview of BENAMI TRANSACTION and your mother has a right to declare the land as such.
mahendra rai jain (Expert) 26 December 2008
hello dear, in your abovementioned prob. it is not clear that what are two registered document by which those two sites comes within your ownership? so plz clear it so that problem may solve easily!!
sanjeev murthy desai (Expert) 06 January 2009
If the property is self acquired of your mother, your brother dont have the right to claim after title convey through Sale Deeds.

You have to proove the property is self acquired of your mother.

You can also file a declaration suit against your brother.

sanjeev desai
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.


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