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Gift deed related

Page no : 2

Kumar Doab (FIN)     31 August 2016

They are brother and sister.

Why do you as son of sister feel the need for legal action?

b.goheel   31 August 2016

since author say that
The property is registered months before A's death. Mutation has been done and A's daughter is in possession of the property.
and also
how to proceed in evacuating A's sons from the house as they are at her house for the ceremony of A and now they are not willing to leave the house.-

it appears that all sons are staying apart and come for death ceremony only leaving their business/service/school etc.whatever
still they donot wish to return their home.

besides, queriest doesnot clarify how much time has been passed from the death.

Common Man (Occupation)     31 August 2016

Hi Sir,

 

These questions are asked on behalf of my mother as she is not educated and all her life she took care of my grandparents when her brothers not even bothered to know about their parents. Out of love and affection, my grandfather left the only property to my mother. Now her brothers want to snatch it from her as he passed away.

 

Thanks & Regards,

Shiva

Common Man (Occupation)     31 August 2016

Hi Sir,

Its been a month they are staying here and grandfather expired 2 weeks back.

Thanks in Advance

Kumar Doab (FIN)     31 August 2016

Education has nothing to do with it.

Brother can not snatch it from her.

She is bonafide owner.

She can ask them to leave.

If any ugly dispute is precipitating it shall be better to record (audio/visual/witnessed/minuted) and involve neutral elders of the family/well wishers/unshakable witnesses and engage a very able counsel specializing in family/civil matters and if required criminal matters....................and lodge complaint with police.

 

If they can be counselled by well wishers to come to terms, understand the owner has gifted the proeprty, and maintain amicable brother-sister relationship without litigation and washing dirty linen in public, then nothing like it.

 

No one can stop brothers/legal hiers to contest/challenge the gift deed.

 

Court shall decide on merits.

 

b.goheel   31 August 2016

https://www.lawyersclubindia.com/forum/Fixed-deposit-fraud-141534.asp
Discussion > Criminal Law > Fixed deposit fraud
 

Respected Lawyers,

A' got a few fixed deposits which were preclosed by his sons when 'A' was hospitalised in a semi conscious state by taking thumb impressions. Can 'A's daughter file a case in this with regards to her share and fraud committed by 'A's sons?

Thanks in Advance.

Regards

Shiva
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in this thread you ask guidance from ld. advisor wht to do and in this thread you say all expense borne by your family !!! [ only involve person know reality - outsider has only to listen and give their best opinion on that base]

 

1 Like

Common Man (Occupation)     31 August 2016

Thank you very much sir. Your suggestions mean a lot to me.

Regards,

Shiva

GANDHI MOHAN BHARATI (Pensioner)     31 August 2016

On registering an irrevocable dift deed and that too of a delf acquired property confers full rights on the recipient. In this case utation has also been done. Challenging it may not be fruitful at all.
1 Like

Kumar Doab (FIN)     31 August 2016

The sister is a bonafide owner and it is upto her to allow or disallow anyone to stay in her property for 30days or more OR not.

 

If the sons are camping for 30days then it might be an indicator that they do not accept Gift.

 

Probably they are consulting for legal opinion.

The author would be in knowledge of full facts.

 

 

1 Like

P. Venu (Advocate)     31 August 2016

All that could be surmised of the contents of the author's two different postinga is that they suggest a deeper problem. It appears he is harbouring some mistrust against his uncles as to the sharing of the property of his late grandfather.  Such mistrust is double-edged sword  - it could hurt all.

1 Like

Common Man (Occupation)     01 September 2016

Respected Lawyers,

Thank you very much for your valuable suggestions and time. 

 

Regards,

Shiva

Kumar Doab (FIN)     01 September 2016

You are welcome.

Kumar Doab (FIN)     01 September 2016

It is good to see that some querists do come back to thank the contributors/experts.

 
1 Like

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