Brother challenging the land i bought from mother-gift deed
Querist :
Anonymous
(Querist) 13 April 2021
This query is : Resolved
Good Morning.
My father had 50 cents of agriculture land and 24 cents of residential land. My father registered residential land to my both brothers i.e. 12 cents to each.
After my father passed away, I bought 50 cents of agriculture land from my mother for cash and has been registered as a gift deed due to the stamp duty is very less. For this, my first brother and two sisters did sign.
The issue is, my second brother want the share in that 50 cents, and threatening that he will challenge this purchase in the court.
Also, he asking to sign an agreement with him by stating that I don’t have any rights on his residential property which was given by my father. I am willing to sing it. But, he don’t want to sing the agreement saying that he don’t have any right on the agricultural land that I bought form my mother for cash.
What is the solution for this? Does he really have right on this land?
SHIRISH PAWAR, 7738990900
(Expert) 13 April 2021
Hello,
If 50 cents of land was transferred and owned in the name of your mother then the mother has a right to gift the land to you. Your brother cannot claim the share in the land from you as your mother has gifted the land to you during her lifetime.
Querist :
Anonymous
(Querist) 13 April 2021
Thanks Shirish. This helps a lot. Unfortunately, the land was on my father name. And, after he passed away it was transferred/registered on my name i.e. by my mother.
kavksatyanarayana
(Expert) 13 April 2021
As the land is your father's land, your mother, you, and your siblings have equal rights over the land property. It is your father's land how can you buy from your mother as she has only a share in the property with her children.
Querist :
Anonymous
(Querist) 13 April 2021
Thanks for the reply Satyanarayana sir. Agree with your comments and are very valid. She wanted to built a house and rent it out for her survival. All my siblings agreed that I can buy it from her. Reason is, except me, ALL my siblings get their share in my fathers property and they signed on the Gift Deed except my second brother.
If your expertise says that every one have the equal right on my fathers property, then now I can claim my share from all my siblings as I never receive anything from my father. I will work on this and get back to you for further advise.
Thanks again.
P. Venu
(Expert) 15 April 2021
The facts posted are too disjointed that it is impossible to give any meaningful suggestion. Please post complete facts esp as to the properties owned by your father, disposed or bequeathed by him during his lifetime and those left intestate after his lifetme.
Querist :
Anonymous
(Querist) 15 April 2021
Hi Venu sir, thanks for your response and I really appreciate it.
I am in the process of obtaining all the facts and will present it to this expert forum.
Regards
Shilesh Patel
(Expert) 15 April 2021
agreed with the above expert that your mother, you, and your brother have got an equal portion of land so your mother cannot gift u a whole portion of the land, and your brother can challenge the gift deed in the concerned civil court. my opinion based on your fact
