Eviction from family member
Password@12
(Querist) 22 December 2018
This query is : Resolved
Hi all
My mother owns a property in varanasi which has 9 rooms out of which 6 has been given on rent and 1 is given to my mother's brother .
We bought this property in 2003 before that my mother along with her family were staying since birth.The property iam mentioning is not inherited.
The property at that time was worth 4.5 lacs at present its 1.5 cr value and it was paid from my mom's father account by way of demand draft.
Now my mother's brother has filed a case in civil court staking claim in the property as he has stated that at that time my grandfather showed loved towards my mother as she was not earning and had no source of income although my father was working in indian navy at that time.
Please advice if they can actually claim the property basis the reason mentioned above
Vijay Raj Mahajan
(Expert) 23 December 2018
If the property registrated in your mother's name, the rightful owner is your mother and that is her absolute property, whether it was financied by her father or anyone else it hardly matters, and property given in gift by virtue of natural love and affection becomes absolute property of the done which in this case is your mother. The brother of your mother has to prove his right and claim in the property in the court that will not be so easy as onus to prove is him.
Dr J C Vashista
(Expert) 23 December 2018
Password@12,
Since the case the already pending in the Court what is the opinion/ advise of your lawyer ? That is best one, proceed.
You are anonymous author and an anonymous author is not obliged by experts as per rule of this platform, disclose your identity.
Password@12
(Querist) 23 December 2018
Hi this is vikram singh from varanasi opinion by my advocate is all irrelevant by my uncle but just needed to confirm
Password@12
(Querist) 23 December 2018
Just wanted to clarify as they are emphasizing more on the demand draft which was made from my mother's father account.
We have just recieved the legal notice which mentioned that my grandfather was maintining one account which was used to fukfill the requirements of the family and as the demand draft was made from that account my mother's brother is claiming 50% share in the property.
Password@12
(Querist) 23 December 2018
Just wanted to clarify as they are emphasizing more on the demand draft which was made from my mother's father account.
We have just recieved the legal notice which mentioned that my grandfather was maintining one account which was used to fukfill the requirements of the family and as the demand draft was made from that account my mother's brother is claiming 50% share in the property.
M V Gupta
(Expert) 23 December 2018
The property is stated to have been purchased in 2003 and registered in your mother's name. The mere fact that the consideration was paid by your grand father (mother's father) alone will not confer any right in your uncle to claim share in it. The fact that your grand father did not claim money back is material fact to take stand that he had gifted the money to your mother to purchase it. As more than twelve years have passed the claim made by your uncle is prima facie time barred. Issue reply to the legal notice through your Lawyer.
KISHAN DUTT KALASKAR
(Expert) 25 December 2018
Dear Sir,
It is sthreedhana of your mother and in her lifetime she can transfer the property as that of her absolute property and nobody can claim that property.
Please mark “LIKE” if satisfied by my answer.
Kumar Doab
(Expert) 25 December 2018
IT is felt that same query was posted from another ID and was responded in detail.
Pls post in the same thread and IT shall help to relate.
