Regarding property
dhanalakshmi nair
(Querist) 15 April 2014
This query is : Resolved
My grandfather(mother's fathers) had a house in Kannur , kerala which was gifted to my mother after grandfateher's death by her brothers. My mother had 4 childresn. 3 dauthers & 1 son. My mother & my elder sister with her family lived in that house upto 2011. Myself, younger sister & brothers live outside Kerala. We visit once in a year for few day and stay with them. In the year 2011 my elder sister left my mother alone in the house and went to stay with her in-laws. As my mother was alone, we got worried and enquired that time we came to know that in the year 2011 without knowledge of any one of us, my sister husband transferred the house in my elder sister name. When we asked my mother how it happened, then she told us she told my sister husband to prepare the paper in three daugters name but she also not aware that the whole property transferred to my sisters name only. Even my mother's name also not in the property. My elder sister also informed me that the property is in three dauthers name. but we never asked them to show the papers.
Now mother is a cancer patient and can not live alone. Only gets pension of Rs. 10000 per month. Now my younger sister is staying in kerala, hence she now staying with my younger sister after keeping the house locked. . Now we got the news that they are planning to sell my mothers house.
after taking property in 2002, my sister left my mother alone in 2011. Any ways to transfer or cancel the registry and to make in my mothers name again. Please guide.
DL NAIR
ajay sethi
(Expert) 15 April 2014
she should file suit for cancellation of gift deed as it is vitiated by fraud .
ajay sethi
(Expert) 15 April 2014
also obtain an injunction restraining sister from selling the house or creating any third party rights in said house
Advocate M.Bhadra
(Expert) 15 April 2014
If your mother gifted the said property by a registered Deed of Gift and the same gift was unconditional then the said Deed can not be revoked or cancelled.
dhanalakshmi nair
(Querist) 15 April 2014
Acually , the papers were prepared by my sisters husband and registered . In the registered deed they showed that an amount of Rs.60,000/- was taken by mother for the sale of that property . But nothing was taken by mother. She not gifted the property. unconditional deed means what.
If she can file the suit for cancellation to whom we approach.
Guide please.
ajay sethi
(Expert) 15 April 2014
you are confused . first you state it was gift deed . now you are saying its sale deed . contact a local lawyer. show him the document executed by your mother . if your mother has not received any consideration of rs 60,000 as mentioned in sale deed she can move court for setting aside sale deed as no consideration ha changed hands
Rajendra K Goyal
(Expert) 15 April 2014
Consult a local lawyer and show him all the documents.
While filing the case, may mention the fact that mother is old and cancer patient hence case may be decided at an early date.
