Challenge for section 52,transfer of property act
baby
(Querist) 25 August 2012
This query is : Resolved
hello,
My mother has a property from in her name she holds the sole proprietorship and was transfered in her name since it was purchased,
i have a step brother who is claiming for that property share
he has sold his own properties and now is asking for share in my mothers property
he has filled suit under sec52-transfer of property act,because of which we can even transfer it to third party.
please let me know how can we save our property with us.
and how can we transfer our property to third party
Devajyoti Barman
(Expert) 26 August 2012
Has there been an order of injunction passed by the court in respect of that property?
If not then sell the property.
prabhakar singh
(Expert) 26 August 2012
Contest the suit to safeguard your mother's interest in the property.
If court has not passed any injunction order restraining your mother from making any sale,she can sale it to third party.
baby
(Querist) 26 August 2012
but he has given an affidavit in midc saying that this property was owned by my father and i have a right to get the share.
prabhakar singh
(Expert) 26 August 2012
His affidavit can not a verdict when sale deed is in your mothers' name.
baby
(Querist) 26 August 2012
ok thank u so much..
baby
(Querist) 26 August 2012
he has also filled a case saying that the property was purchased by father so he should get the share is that possible when my mother is the absolute owner.
Surender Kumar Sharma
(Expert) 27 August 2012
Prior to passing of any further order or injunction order from the court in connection of the case better you sell it to third party , and if you want to take in your possession than first sale it to third party and than again from him repurchase in your name or your mother name after the decree of the said case. contact Local lawyer
baby
(Querist) 27 August 2012
ok thank u so much
baby
(Querist) 22 November 2014
hello sir .
as per our earlier discussion can my mother make an gift deed in my brothers name, will that create any further problems
