Mother's property question
hari
(Querist) 01 June 2012
This query is : Resolved
Respected Sir / Madam,
I am hari from tamilnadu. My father donated ( gift deed) my mother’s property ( year of 2005 ) half of the line house to his own brother’s son.( 4 house = 1 line compound building ). I did not sign in my father donated deed. My father donates himself. Patricians was not made before giving the donation. My father without showing my mother death certificate and nominee certificate to conceder registrar office. My mothr nominee only me, no more son’s and daughter.
My father only document produced property tax receipt paid by him. My age is 23 when he donated my mother’s property. Now is 30 aged. My father did not get permission to me. I oppose this transaction. Still now I didn’t put the sign to my father donated deed. My father donation of my mother property without my knowledge. Now my father is alive.
Question:
1. Is it legal my father donation transaction? ( Gift deed )
2. Can I apply court to cancel of my father donation?
ajay sethi
(Expert) 01 June 2012
did your mother die intestate ? mere nomination is not enough . nominee is only a trustee .
if your mother died without will then your father and children are legal heirs . father cannot donate all mother property .
contact local lawyer. you will have to challenge gft deed on grounds that fther had no power to gift your mother property
Suhail A.Siddiqui
(Expert) 01 June 2012
If your mother alive, father have no right to gift her property, it is invalid,void gift
Shashikant V. Patil
(Expert) 02 June 2012
Dear Hari,
After the death of your mother, the property bearing her name will be inherited by you as a son and your father as a husband as you mentioned it as a nominee is wrong but mentioned correctly as a legal heirs. Your father cannot donate it simply by way of gift deed without taking your consent as your share is also existed in your deceased mothers property. You can file suit for cancellation of gift deed in Civil court.
Shonee Kapoor
(Expert) 02 June 2012
I agree with Ld. Patil.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
