property rights after gift deed

Marketing Executive

Dear Sir,

My father purchased a open plot in my mother's name in the year 1964. He developed the property by constructing first floor and second floor. He allowed by brother to stay in first floor in year 1998. From that time he was forcing my mother to give entire property in his name, for which my parents refused. He went to court for partition of property stating that the property was our ancister's  property and ask 1/2 share in it. He could not prove as per his claim and case was decreed in my fathers name. From that time he started troubling my parents in all respects. My parents file a suit in court for eviction.This case was also decreed in my parents favor. On this judgement he got stay from High court and staying in first floor for the last 4 years by paying Rs.3000 as maintenance. My father expired on Feb 2014. He once again started troubling my mother. My mother gifted the property to me on July 2014. In September 2014 he once again went to court and file suit for partition station that this property belongs to my father and asking 1/5th share of the property as we are 2 brothers and 2 sisters. Ours is Hindu family and I would like to know 

What sort of rights i will get as the property gifted to me by my mother.

Is there any chance to divide the property as per his request.

If i go for compromise the whole suit will cancel? Please clarify




1) Plot is in your mother's name,


2) Your mother  can gift it to anyone out of natural love and affection.. The Gift Deed has to be properly executed.


This is how it seems from the case as presented by you. Rest would depend upon counter claims, facts and evidences etc.


DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.








Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



IPC Grand Course     |    x