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Common Man (Occupation)     07 July 2020

Unregistered will against gift deed

Respected Lawyers,

 

My father registered his self acquired property on my sister's name in the form of a gift deed. There is a will and last testament unregistered by my father after the gift deed which states my sister acquired the property fraudulently. Later my father expired and as per the will, the property belongs to my mother and after her (mother's) death if the property exists it will be distributed among her children. So, we made her file a civil case against my sister to cancel the gift deed and share the property among all siblings. I am the GPA holder for my mother's civil case. The civil case is pending from 4 years. Now, recently my mother also expired. My sister is now trying to evict me and my family from the property by filing a suit for eviction. What can I do to retain myself and my family from eviction?

Thank You in Advance



Learning

 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 July 2020

1. IF Father had registered a Gift Deed in name of his daughter, THEN Gift Deed becomes final and daughter becomes absolute Title-Owner of property, without any legal reference to ANYBODY.

2. Only Father could have challenged & revoked the Gift Deed, by giving legal justifications. You or other legal heirs now have authority /rights /power to challenge the Sister's property.

3. You are advised to settle the matter amicably with mutual understanding, since legally you do not have any scope of winning any case against sister for her property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Common Man (Occupation)     08 July 2020

Dear Sir, 

Can you give clarity on the second point? Are you saying that I as a legal heir have the authority to challenge my sister's property?

Thank you

Dr J C Vashista (Advocate)     08 July 2020

Originally posted by : Helloworld
Respected Lawyers,

 

My father registered his self acquired property on my sister's name in the form of a gift deed. There is a will and last testament unregistered by my father after the gift deed which states my sister acquired the property fraudulently. Later my father expired and as per the will, the property belongs to my mother and after her (mother's) death if the property exists it will be distributed among her children. So, we made her file a civil case against my sister to cancel the gift deed and share the property among all siblings. I am the GPA holder for my mother's civil case. The civil case is pending from 4 years. Now, recently my mother also expired. My sister is now trying to evict me and my family from the property by filing a suit for eviction. What can I do to retain myself and my family from eviction?

Thank You in Advance

@ Helloworld,

You have no case as your sister has a valid gift deed which has not been cancelled by donor and donee. It can not be cancelled by anyone else, when donor is stated to have been died.

There is no locus for beneficiary of Will, if it was executed (even if not registered). Your father (the testor) has left his right, interest, claim or title over the property after acceptance of gift by donee (your sister).which is in vogue.

She (your sister) is within her right and can ask to vacate her property. 

Common Man (Occupation)     08 July 2020

Dear Sir,

Thank you for your valuable suggestions. Me as a legal heir, Can you suggest some possible way so that I can stay in the house till my last breath?

Thank You 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 July 2020

Originally posted by : Helloworld
Me as a legal heir, Can you suggest some possible way so that I can stay in the house till my last breath?

 

1. You are not the immediate legal heir of your sister.  Sister's  immediate legal heirs are her Husband & Children.

2. You are advised to settle the matter amicably with mutual understanding, since legally you do not have any scope of winning any case against sister for her property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

Common Man (Occupation)     08 July 2020

Thank you for your valuable advice sir. But what I meant was I am also a legal heir for my father's property like my sister. There is also a civil case pending against her that she fraudenty acquired from my father 4 years ago which my mother lodged. Now since my mother expired, I will be taking the case further as I am her legal heir. 

Now my sister has put up eviction suit asking the court to pass stay order and remove me from house till the above mentioned civil case is disposed. What are the chances that court will accept my sister's plea and what can I do about it? Because over the past few years, our relationship has strained a lot and cant be done anything amicably. Moreover, she is making arrangements to disconnect electricity also.

Your valuable advise will be of great help. 

Prashant Sharma   08 July 2020

You should have to prove that the execution of gift deed was not as per the will of the donor and was executed under fraud, coercion or misrepresentation etc.

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