Firstly, I profusely thank "lawyersclubindia" for coming to the rescue of the ignorant and exploited ones in regard to law of the land (INDIA). The quick and professional responses are the hallmark of " lawyersclubindia" !!
I need your kind clarification on the following please.....
1) 'A' (father) has gifted his house property, which is totally self-earned to 'B' (daughter) through a registered gift deed during his life time, out of his free will and love and affection (2007) and the property has been duly transferred in the name of 'B' and is in independent possession of the house. Since then 'A' continued to live with 'B' but died in 2009 due to illness. “A” has made a statement to this effect (gifting) (verbal) in the women commission, where he was summoned on account of his daughter in law (E), who claimed right to residence in the house gifted away. The matter was closed there after knowing the truth and proceedings were recorded. We have a copy of it.
2) ‘A” has another daughter (C) and a blind Son (D) (deserted by his wife (E) 15 years ago (1997), they have a son of 14 years of age now. Both C and D have no problem with the gift deed and are very supportive. B & C are happily married and living independently. “B” taking is responsibility of blind brother (D) as there is no one to look after him.
3) The daughter-in-law (E) used 498 (2010), making B,C and D parties, after the sad demise (2009) of the father-in-law. Her interim plea was turned down both by Trail and Session courts (trials are still on).
4) Recently (Dec 2012), daughter in law (E) (representing her minor son) has filed a partition suit in the Civil Court, claiming 1/6 th share (assuming 1/3 as her husband’s share), making B, C and D as parties to the suit, maintaining that the Gift Deed is invalid stating that the site was purchased by selling an ancestral house at "X" city and the same has been deposited to buy the site (BDA), on which the present building stands. All that she has managed is to produce is a mere letter from Tahshildar of "X" city (authenticity is being checked by us) that 'A ' has sold a part of the house property (claiming it as ancestral) for 'Y' amount, quoting the period to suit their convenience of time.
5) Interestingly, 'A' has two younger brothers, who have 5 Children and further who have their children. Everyone knows such a transaction has never taken place and is mere a fabricated story to push the partition case.
6) We have with us documents showing Loan obtained by "A" to build the house through his Government Job and we are trying to reach a document (not available with us) the possible loan he has taken from his place of work (he was a Prof of Indian Medicine, Doctor, working for State Government). The site has been allotted by the Competent Govt Authority, by payment of proper site value and has been issued allotment letter too.
7) ‘E” is working with vengeance and trying to get the benefit by hook or crook.
8) After explaining the circumstances, we humbly beg to ascertain from the renowned team of legal experts of lawyersclubindia, revered opinion and to kindly advise us suitably.
OUR BASIC QUESTION IS:
Do we need to explain the court about a property which is lawfully gifted to a daughter in its entirety under woman’s right to properties Act. !!! And source of it? He was a well employed doctor and he had enough sources to make payment for purchase of site.
Could the daughter in law connect this property to a sale of some property those days, and prove her point, admitting for the sake of argument, such a transaction had taken place…. Thanks..
Does limitation Act applies in this case ! Gifted in 2007 Dec..... Suit filed in Dec 2012 ........after almost 5 years, after she fears that 498 is not going work in her favour anymore...
Thanks and regards and Namaste !
Alphabets Stands for:
A – Father in law
B – Daughter who has been gifted the house
C – Second daughter
D – Blind Son
E – Daughter in law