Prasad (Mr) 20 April 2012

Can grandkids of my dad file suite on gifted property

Dad has gifted me his property ('gift deed' his self constructed home, not inherited ) few years ago. I am not married and I took care of my dad and I am now taking care of my mom. My dad had taken me, my mom and few witness to subregistar office and gifted me the property so that other sons cannot get a share / force mom to sell his property and also secure a place for mom stay.

My eldest brother and his family have started to frequently threaten me that his sons can file a suite to get property rights. I do not know if they can file a suite or can they stop me selling the property. Please advice if this is possible. I need to take care of mom and need funds to be allocated for that, just in case I am not able to.

Thanks for your help.

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4 Replies

Prasad (Mr) 20 April 2012

I forgot to add this - My dad is no more now and hence this threatening calls by my eldest brother.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 April 2012

Don't need to worry you are the absolute owner as regards the property. Your siblings may try to claim the property as ancestral property ,which would be easy to rebut.

JT Rajasuriya, Chennai (Advocate 98410 53790) 20 April 2012

Let them keep threatening you - it need not affect you. I presume the property is in your possession. Make sure that municipal records are mutated in your name. If at all they go to court - then you can defend it.

In case you go for a suit for declaration by yourself then you will have to pay considerable Stamp duty which I feel could be unnecessary.

Why don't you consult a local lawyer with the relevant papers.