Roopa (000000) 21 June 2011

Registerd Gift deed

Dear Sir/friends,

First I would like to explain our case briefly.

My husband is having residential property in Bangalore which belongs to his Grandmother (Father's Mother) initially she made a will to every one including her elder daughter .We are staying in this property past from 35 years, Along with his cousin too. Basically grand mother is having total 3 daughters and 2 sons. But illegally grandmother's elder daughter has canceled the will and taken gift deed in 2001 which is registered and khata also transferred to her name in 2001.Our grandmother came to knew about this in 2008 and she made final will in 2008 to every one as per the initial will, which is registered in sub register office. And grand mother passed away in Nov 2010.

Now grandmother's elder daughter is telling she is going to sale whole property with out our consideration.

Property belongs to my husband and his cousins Kindly could some one suggest what best we can do in this case.

Hope we can’t cancel gift deed.

Now my questions are,

1. In case they sold property with out our consideration to any purchaser and if purchaser demands to leave the position can get stay order from court in this situation?

2. Daily they are sending one or the other Real estate agents and creating mental pressure to us and they are not ready to compromise as well, please suggest what best we can do.?

Reply Follow

4 Replies

sumana (practice) 22 June 2011

I am unable to understand how can a will be cancelled by somebody else who has not made the will. this is illegal. and also gift deed is also illegal. more than that you are staying in that property for more than 35 yrs so it is assumed that you can establish an adverse possession on it. She cannot sell it to any third party without taking your concent. and if she sells then you have a right to the sale proceedes. A will can only be cancelled by the maker of the will by making a subsequent will. there fre in your case the last will only operate. You consult an advocate , he will guide you in this matter. do not get frightened over this matter.

Roopa (000000) 27 June 2011

Thank you for your response and suggestion posted to my request.

I would like to clarify following question from your comment

Q - I am unable to understand how can a will be cancelled by somebody else who has not made the will. this is illegal.

A - Basically they have cancelled the will from grandmother it self {which was biased from her elder daughter} and immediately they have executed the gift deed.

Since it's a family issue my felling is not to make complication and hoping one day will all amicably solve this.

Could you please suggest on this whether my stand point makes sense or will have to face a problem once if they sell the property to third party.

Thanks in advance for your help.

Roopa (000000) 10 July 2011

Kindly guide about this......

Thanks in Advance

Roopa

Roopa (000000) 04 June 2012

Hi Sumana,

Hope you are doing well. With respect to above case That Grandmother elder daughter is selling property and purchaser is telling he will give some amount to my husband and we have to vacate the place.

We also decided to take amount and vacate place but my question is how safely we can take amount from purchaser? Can you please guide me about this .

Thanks in advance

Roopa