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Jay (Software Engineer)     30 October 2010

Need advise on property transfer

Hello Sir,

Thank you for looking at my post.

I am posting this on behalf of my sister.

 

My sister was a widow who got remarried in Dec'06 with one son from her previous marriage.

 

An issue has cropped up at her new husbands house regarding his parents property. My sister's in laws (husband’s parents) decided to partition their property between their two children, my brother in law and his sister. They decided on an estimate of 20 lacs for the entire property (house included). It was decided upon that one party could pay the 10 lakhs and buy the other party's share. My brother in law chose to pay his sister the 10 lakhs for her share and the property was  transferred from mother’s name (I guess “gifted”) to his name with a clause that he cannot sell the property when the parents are alive (I guess this clause is very common in south India). This happened 2 years back.

 

Recently my brother in law lost his job due to recession and is in a tight financial situation. Now his sister is stating that the 20 lakhs estimate was wrong to begin with and is demanding 5 lacs more for her share. She is now ready to pay 15 lakhs and wants the property transferred to her name immediately. There is also a lot of emotional blackmail and other emotional tactics being used  and the situation is becoming very difficult at their home. 

 

I have three questions:

 

1)      Now the house is in my brother-in-law’s name. How difficult or costly is it to add my sister’s name also to the property? I mean, to make sister and her husband as co-owners so that without my sister’s (his wife’s) consent they cannot make him transfer the property to his sister by emotional blackmail.

2)      Though the house is in his name, can his mother annul the deal and make gift it to his sister later without his consent?

3)      Is there a possibility that after his parent’s death, his sister or her family can raise claim for this property?

 

 Thank you so much for your advise!

 

regards,

Jay



Learning

 2 Replies

Jay (Software Engineer)     01 November 2010

Hi, Requesting you to kindly advise me on the issue.

Sincerely, Jay

Adv Akhtar Ali Sheikh (Property Law Consultant)     10 November 2010

The transfer document- was it registered? If so was it a gift and registered?- if yes you need not worry but will not be able to sell it, because conditional gifts I think are invalid (has to be checked up).

If unregistered then if your mother had to turn away you are in deep trouble - before that you have to approach the court to safe guard your rights.

Alternately you can buy peace accepting 15 lacs and moving away.


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