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Richa (Self)     13 May 2014

Gift deed on property with case filed

The said property was transferred to my father by my grandmother over 40 years ago. After the death of my father 7 years ago the property was transferred to my mother via Mutation & my father's will. I am the only child of my parents. My fathers nephews put a case on the property for their shares which is pending however there was no stay put on the property despite their attempts.

Now my mother wants to gift the property to my name. I am NRI and live in US - my question is that what will happen to the case? How much time will I have to sell the property once the gift deed is executed? What is the time frame for the gift deed to execute? Can I see the property after the gift deed is executed? if so how soon can I do so? Do I have to disclose the pending case? What happens to the case?

Sorry for so many questions - please respond.

Once she gifts the property I want to sell it ASAP as my mother wants to immigrate to USA.

Kind regards



Learning

 10 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     13 May 2014

How your grandmother had acquired the absolute right over the subject matter of the property and under what instrument/deed the same was transferred to your father are not disclosed here. The said particulars are important one to form a opinion, Give the said required details also.

Richa (Self)     14 May 2014

My grandfather did not leave a will & the property was transfered to my grandmother with consent of all their children. My father had 9 siblings.

Richa (Self)     14 May 2014

Also the case was filed after my fathers demise.

Srinivas (Director)     14 May 2014

I am assuming your mother is still in possession of the property. If this is the case, you can sell the property even with your mothers name (no need for a gift deed execution between mother & son(.

 

It will be good idea to collect all records that show you have been in exclusinve enjoyment of the property

for last 40years.

Richa (Self)     14 May 2014

Also the case was filed after my fathers demise.

Richa (Self)     14 May 2014

Thanks for ur speedy replies :) I am confused about the case.....it is preventing her from selling the property & she is exhausted with the court dealings. That is the reason she wants to gift it to me. What will happen to the case? Will the case get transferred to me? Will the other party have to file a new case? Or will the case get voided? Please advise

Akshat Singh (Accountant)     14 May 2014

Please tell me if society formation fee needs to be paid to apartment association in case of ownership transfer from mother to daughter even though I am not moving to the property. My mother will still live there. Bye Law says Rs 10 but they changed formation fee to 15k in a committee meeting without changing the Bye Law and forced it upon us

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

@AkshatSingh: You must use a separate thread for raising your own query.  If such a fee is required to be collected as per the bye-law, it is mandatory for the member to oblige and comply with the law thereon.  The bye-law would also mention that a revision on the quantum of the fee to be collected may be made by a resolution of the association/society meeting, it is binding on all the members to abide by the resolution.

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

@Richa:  If your grandmother had absolute title over the property, her action of transferring the entire property to your father can be held as valid in law.  subsequent upon taking possession, a Will executed by your father on your mother's name and upon the said Will coming into force the mutation of records  were carried out shall also beheld as valid in the eyes of law. Therefore the suit (maybe a partition suit) filed by your father's nephews may not sustain.  However, any transaction or encumbrance over the property during lis-pendence i.e., while there is a civil litigation pending, cannot be considered as legally valid, though there is no stay or an injunction to that effect. In fact it may not fetch you a proper return value if you go ahead with the selling of the property subsequent to your mother executing a registered gift deed in your favor quoting the pending litigation as reason. there is nothing wrong in your mother executing a registered Gift Deed in your favor for the present.  You may dispose the property after the legal battle comes to an end.

Anand Bali Adv. (Advocate Solicitor & Consultant)     25 May 2014

Your father's nephews will not sustain as the Property was transferred in name of your father by your Grand Mother and subsequently have been transferred in your mother's name by a father's Will.. this all are if true are the valid transfers and can not be challenged on any ground, Keeping in view that the 30 years old document if it is kept in a proper custody has to be treated as true documents ( In case of U.P. It is 20 Year's Old Only), A 40 years back Transfer in the Government Paper's can not be challenged now. If it is kept in the proper custody of the person who keeps the such records.i.e. the Sub Registrar office entry in the property rights Books as per the Evidence Act.

Now under the Doctrine of the Lis - Pendence any transfer of the concerned property will not be maintained as a good and valid transaction, whether it is a Gift deed or a Transfer deed. so do not go for it now and wait til the pendency of the case settles. Here the point is that she can not Gift the property which she is not having with her legally and as a basic component of the Gift you can not receive the property as a Gift to ensure the Giving and taking procedure in the Gift execution. 

We can not assure you for the time period as every case has its own molds and circumstances which take its own time.

It is better to ask with your Advocate that how much time it will take to get the final judgement. 


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