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Anand kumar (student)     07 December 2022

Self acquired property - gift deed - settlement

An ancestral property was sold for 8000 INR three months before acquiring a new property for 32000 INR by my father. There is no mention in the sale agreement or any evidence available that the new property was bought with 8000 INR money got from the ancestral property. My father has two sons (i am one of the sons) and two daughters.

The new property bought my father was gift deeded to me and my brother in 2009 as two separate gift deeds. My two sisters filed a case against the new property bought by my father saying that it was bought using the money (i.e. 8000 INR) of the ancestral property without any evidence and hence, the gift deed made in favor of myself and my brother is not valid. The case is under prosecution now. 

Now, my sisters are ready to give Emancipation Deed for my brother as they have a good relationship with my brother, but they are not ready to give Emancipation Deed for me, or nor ready for compromise. They are saying that they would like to continue the case on the gift deed made in favour of me and give Emancipation Deed for my brother to relieve him from the case.

Is it possible the case can be continued only on the gift deed made in favour of me as the case was filed on the original property, not on the gift deed property?

I seek some help on how to tackle this matter.

Muruga



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 December 2022

Hello,

In my opinion, if there are 2 different properties and 2 different gift deeds given to different brothers then only the case against only one brother can be continued. Otherwise, it is difficult to proceed with the case only against one brother. 

kavksatyanarayana (subregistrar/supdt.(retired))     07 December 2022

Your query requires clarity. I understand that your father sold the ancestral property and with that money and with his own money he bought a property.  So how he gifted two persons?  Are they half and half or what?

Anand kumar (student)     08 December 2022

Parent property is a single property, which is divided into two and executed as two different git deeds. The case has been filed on thee parent property. How the case can be continued in one brother?

Real Soul.... (LEGAL)     08 December 2022

If the property was in the name of your  father purchsed by him through a registred sale deed ,then he is the absolute owner and that is self aquiered proeprty ;he has every right to give it to anyone, and he had already gifted it to his sons;. Your sisters are just trying to pressurize you and it will be like they are spending time and money for nothing. 


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