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Vilas Gangurde (Manager)     21 May 2012

Does my uncle has the right to challenge transfer of flat

My mother had transferred the flat via a gift deed and the society had also approved the same in March 2010.

My mother's brother -- my uncle has now sent sent a notice dated 8 May 2012 though a lawyer stating that the transfer is illegal as my grandfather had given the money to purchase the flat about 40 years ago. He has not furnished any proof regarding the money. He is saying that he will file criminal complaint against me and the society. There is no mention of any person except my mother on the flat agreement done in 1971. Does my uncle have any right to send such notices. If he has proof, then does the gift deed stands cancelled. Kindly advise. Thanking you for the same.


 3 Replies

Bharatkumar (ADVOCATE )     21 May 2012

If the property is self acquire, then she/he gift this U and the gift deed registered at registrar office, and then the society enter your name in society records.  He give a notice with any evidance, what's his right in this property, if you are right so then u can give a notice reply and for that u meet local lawyer with all documents.  

1 Like

S Jadhav 98336 98330 (Jadhav & Associates)     21 May 2012

If the society has transferred the shares to your name based on th eevidence provided by you, then your uncle has to go to the Court to get his view verified before the society will take action.

If you are already using the property do not worry now.

Any person has a right to send a legal notice on the basis of his view but the person who receives the notice has to also understand whehter there is any merit in the notice.

In this case the notice does not require you to do anything as your uncle has stated that the transfer is illegal. The transfer was done by the society and the society will have to listen to a Court order which your uncle can get evidence.

Also giving money to buy something does not mean that the money giver becomes the owner (otherwise banks would have become owners of the properties/companies) IF a loan was given to your mother and it is proved that the loan is repayable, then only it may have to be given back. I feel that even if your grandfather gave the money, he gave it to her as his daughter and may not have a written document in the absence of which it is not possible to prove that there was a loan with certain terms in it.
 Also there is a law of limitation, due ot which if the rightholder does not exercise his right within the specified time frame his remedy is not available.

So do not woryy now.

S Jadhav

Rudolf Rodrigues (Executive)     31 May 2012

Dear Mr. Gangurde,

I am not a lawyer by profession, but well conversant with MCS rules!

If the flat was in your mothers name and she made a Gift Deed in your name and the same was duly registered and requisite stamp duty paid then nobody can challenge this Gift Deed as it was her self acquired property and it is her will and wish to give it to whomsoever she desired.

Your Uncle is trying to instill fear in you by sending this unintelligent legal notice maybe to try to pressurize you and extract some money! Do not worry, he has absolutely no legal standing. Even if he goes to court, he will be at a total loss! Rest assured, do consult a good lawyer about whether to reply to this notice or not? In my opnion there is no need to reply to this notice as you are 100% legally safe!


Take care,


Rudolf Rodrigues

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