gift deed or will
monika
(Querist) 14 June 2015
This query is : Resolved
My mother wrote a will saying 50 50 share to both of us.after that she gifted the entire property to me,d daughter and she assex away after one year.
Now my brother is demanding his share saying abt d will
Pls help
Anirudh
(Expert) 14 June 2015
Did she register the Gift Deed in the office of the Sub-Registrar, by paying appropriate Stamp Duty?
monika
(Querist) 14 June 2015
Yes yes,very much it was registered and my brother was a witness there at office!
Rajendra K Goyal
(Expert) 14 June 2015
If the property has been gifted to you, your brother has no claim even on the basis of the will.
monika
(Querist) 14 June 2015
Thanks Rajendra and anirudh,but d thing is day before he sent a notice at my home address stating a false story against me.point to be noted: hari(my brother) is himself a witness in d registered stamped gift deed.
Now d false thing in notice says:
Hari( my brother) agreed only in that condition to be a witness wherein I agreed to give him 1/3 share and also he was d one who pursued my mother to make a gift deed to me.
He did pursue my mother for that but d reason y he did was as he was never there to take care of my old mom due to his personal reasons .so I stepped in between to be with my mom despite being married and leaving my family children n husband alone for longer periods.so I know I deserved it n so does he know what role I was playing of ma kee seva being a girl
Now he claiming falsely, sheer false thing that I AGREED TO GIVE HIM 1/3 AT THE Time of gifting ( my mothers gift to me I mean)
P. Venu
(Expert) 15 June 2015
You have the luxury of reconciling the matter with your brother or to ignore his demands. Choice is yours.
However, in the latter case you should be prepared to defend if he approaches a civil court.
monika
(Querist) 15 June 2015
So wht to defend when I m all legal with my moms gifted property?
In other words what case will be formed on what basis?I m confused.
Is it like anyone can file a case against anyone?I mean d party shud have some matter to file against me and also will d court entertain such illogical cases?
If so then any xyz without any base can claim n file case against another ABC( sorry I don't have d knowledge how judiciary works!)
And result is inconvenience n trouble to ABC party!
Anirudh
(Expert) 15 June 2015
If you have a registered gift deed in your favour, you need not worry. Let your brother approach any place that he wants.
But, never agree either orally or in writing that it was he who persuaded your mother to give the gift etc., or why he did so etc. etc. Those stories are unnecessary to the issue. Even if he alleges those things, better deny it outrightly. In any case, keep the regd. gift deed in a very very safe place.
He is not any XYZ. He is your brother. Whatever he feels that he has a right, and to establish that right he may approach any court. If such a course case comes, then you have to defend it. That is the judicial system in India.
monika
(Querist) 16 June 2015
Thanks anirudh for making things clear, will follow what u said:)thanks again!
monika
(Querist) 17 June 2015
As u say:never agree that he persuaded mother to do so,he did as he was totally unable to take care n meet mom .I won't mention as per ur advice but....
D notice which I recvd from him says:
On a condition that he wud get one third share n seeing d loneliness of my alone mom ,he pursued mom to gift me so I will take care of mom.
D 1/3 part was never agreed!
.
Anirudh
(Expert) 17 June 2015
IS there any written agreement to this effect?
If not, why not straight away deny his statement?
Please approach a lawyer, discuss things and then reply to his notice. Do not do it yourself. Get the reply drafted by a lawyer.
monika
(Querist) 18 June 2015
Nono written agreement at all fr 1/3.d only written thing was 50 50 will by mom
Many yrs later she gifted me n that's d end of d story!
Biswanath Roy
(Expert) 19 June 2015
From your given facts it appears your brother has no share in your mother's property.
monika
(Querist) 22 June 2015
So how much time my case would run? As its first of its kind I m encountering! Only heard in news n from friends it takes years for cases to be resolved!
