Gift Deed
sagar Rao
(Querist) 09 May 2011
This query is : Resolved
Dear Experts,
We are having 400 square yards house and my mother and we three brothers are legal hires, my father had expired in the year 2004 without writing any will and now my mother had decided to divided the house in three equal parts by giving her share also to three sons, by way of partition deed.
My younger brother is refused to sign on partition deed as he wants more in share and we refused to give him,
Now my elder brother had consulted some of the document writer at the registered office and they had advised him to have gift deed, stating my mother had gifted the property to his sons,as all legal hires signature is not required only my mother signature is enough.
Now my elder brother is taking my mother to have gift deed in his favor and i told him that we should have partition deed not the gift deed, he is not lessening my words.
So i request to inform, if they get registered the gift deed in his favor is it legally valid or not, if not what are the consequence they are going to face in the eye of law.
Tomorrow again if we all go for partition deed is there any problem in sub registered office, because of gift deed which is already registered and now partition deed.
A V Vishal
(Expert) 09 May 2011
The share of the mother in favour of your elder brother by way of gift is valid and in order to restrain further problems by either your elder or younger brother it is advisable to file a suit for partition.
R.Ramachandran
(Expert) 09 May 2011
Dear Mr. Ram Mohan,
You have been discussing this issue relating to your property,right from July 2010 by opening different threads.
You are not ready to accept any of the advice/solution given by the experts in LCI.
It is seen that you are going on blaming one brother or the other for the problems that you face. It also seems that some how or other you want to drag this issue as long as it suits you.
It is you who have to come to terms with reality.
sagar Rao
(Querist) 09 May 2011
Dear Mr.Ramachandran,
I am not accepted these kind of reply from you, sorry to say you if you are willing to reply my quarry please reply, if you do not to reply dont reply, but dont put blame on me stating i am not accepting advice /solution and dragging the issue.
when on faces the problem then he can understand the real problems, dont put any king of blames.
On has to protect the property of father and mothers as long we live and it should be divided in equal parts by love and affection not by threating.
Guest
(Expert) 09 May 2011
I think it is at least the third time his same question is appearing. He is not ready to accept any legal solution. Probably he wants someone to give some false solution that may suit his wishes.
R.Ramachandran
(Expert) 09 May 2011
Dear Mr.Ram Mohan,
I find that you are not trying to protect your share in the property. But from the postings I find that some how or other you want to evade a solution to the problem. Having come to the LCI, you have no choice but to get the views, whether you like it or not. No one is threatening. If only some one would go through your continuous postings, one would definitely come to know that it is you who is shying away from partition of the property - though you say that each one should get equal share - your postings does not at all reflect it. One time you say that your brothers should get their share through court - other time you say that you do not want to sell the property - etc. etc.
I am not at all worried whether you accept these kind of reply from me or not. But, I will definitely give my views as I feel, completely disregarding as to what you do with it.
sagar Rao
(Querist) 09 May 2011
Dear Mr.Dhingraji & Ramachandran,
Request you to maintain professional ethics while replying the queries.I had seen you both replying my query on last Saturday only, but you people are showing as you had replied my query from last one year onwards and you had got fed up with my questions.
Mr.Ramamchandran i had never said in any question stating that i dont want to sell my property, again you are putting blame on me.
Any how i am also least bothered of your replies.
R.Ramachandran
(Expert) 09 May 2011
Dear Mr. Ram Mohan,
Of all the persons, I would learn professional ethics least from you!
You say that you never said inany question that "i dont want to sell my property".
Please see your following post:
Now my brothers wants partition deed so that they can sell and go away from the house, they never takes responsibility of taking care of my mother.
"Daily now their are threating me to sign the partition papers are else their were going to occupy my portion also, thing is i dont like to sign the papers because i love my house and it was built by my father and my self with lot of pain, all family members can live comfortably."
Whether you can live comfortably in the same house after selling. If the above statement is not your intention not to sell, what else?
Further, no where I said that I have been answering you from July 2010. All I said was that from July 2010 - for almost last 10 long months you have been harping on the same query - by giving different headings and opening new threads.
Forget about our replies, don't think that I will ever even look at your query, leave alone giving any answer to it.
sagar Rao
(Querist) 09 May 2011
Dear Mr.Ramachandran,
Why fighting you said this and that, we generally post queries to get knowledge and ideas to solve our problems, which we are facing and to drage the issue.
Today morning when i had posted the above query you are creating lot of confusion by replying in negative manner, which is giving negative impression on these lawyersclubindia website also.
Supporting Team:
I request supporting team to look into the matter and advice experts to give proper reply if they like to answer the query, and not to answer if they dont like the query.
R.Ramachandran
(Expert) 09 May 2011
Dear Mr. Ram Mohan,
When I quote what you posted and counter your later statements, you say "Why fighting you said this and that".
Instead of accepting that you indeed indicated that you are too attached to the house and you did not want to sell the house, and your claim that " i had never said in any question stating that i dont want to sell my property, again you are putting blame on me" is false, now you are turning around and say that I am replying in negative manner.
Please don't worry, the visitors to LCI are quite aware whether my answers create any negative impression to LCI Forum or not.
