Distribution of the house property of an old lady.
Pran
(Querist) 11 January 2013
This query is : Resolved
An old lady of 82 years has gifted through a registered gift deed the first floor of her house to the son of her younger son i.e. her grandson and the ground floor of that house to her elder son. Being angry about this distribution the elder son has left the house and severed all contacts with her mother and in the meantime the younger son of the old lady expired due to a serious ailment. Thus, the old lady is now left with only her grandson and the widow of her younger son.
In this context, the old lady now wants to give her grandson the ground floor of that house also as because he is now the only support of her.
What are the ways possible to successfully implement this process ?
I would also like to ask that at present making a will through notary affidavit would be enough or not ? as because the old lady cannot go to registrar office to get it registered due to her old age.
Please, help the old lady in distress.
Devajyoti Barman
(Expert) 11 January 2013
She can not do so. Since she has already gifted that portion to her older son, she is now left with no right,title over it.
ajay sethi
(Expert) 11 January 2013
once gift is made title [passes on to donee . elder son is now owner of ground floor . old lady cnnaot make a will in respect of said property
Rajeev Kumar
(Expert) 11 January 2013
Once a gift is made it is hard to revoke except the conditions specified in the section of TP Act. So the lady can't make a will of that on which she has losed her title.
prabhakar singh
(Expert) 11 January 2013
Gift once made and accepted transaction gets
complete and title and possession passes from donor to Donne.So after gift the old lady does not have any right title or interest in
the subject matter of the gifted property to be transferred now by her by testament(will) or by any other document of any kind.
Pran
(Querist) 12 January 2013
Respected Sir,
Thanks for the kind reply. I shall now convey this unpleasant message to that old lady, that she can never get back her property and neither can pass it to her grandson as because her elder son has fooled her.
But I will still ask all the experts that, is it true that no process available for the old lady ? nothing can the old lady do ?
Anirudh
(Expert) 12 January 2013
Dear Mr. Pran,
You ask: "is it true that no process available for the old lady ? nothing can the old lady do?"
Frankly speaking that is exactly what all the experts had said so far, leaving nothing to doubt.
