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sri (xyz)     09 June 2012

Gift deed

My father purchased land and constructed home on my mother name from his salary savings.

After my father death my brother tried to mortgage the property hence I have given a lawyer notice through paper that the said property is a combined property and cannot be either mortgaged or do any transaction without consent of all my brothers and sisters.

Despite my notice my brother took a gift deed from my mother, registered and mortgaged that property to a bank.

I filed a suit for an injunction from the court on this property and it came after the gift deed date.

In this circumstance what are the legal rights I have, will I get my property share as my notice is much earlier to gift deed and also can I ask court to cancel the gift deed.



Learning

 2 Replies

haradatta (proprietor)     09 June 2012

file a suit for partition claiming your share in the property by even making the banker as one of the parties to the said suit 

sri (xyz)     25 June 2012

Dear Haradatta,

Thanks for your suggestion,

Can you please explain what are my rights and points as per law to file a suite againest banker at this situation.

Also how can I ensure that gift deed void and points for filing the suite for my share of property.

Regards.


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