Poperty clarification needed-gifted property
Guest
(Querist) 09 January 2013
This query is : Resolved
Dear Sir, My Father had gifted a property to my sister on which now we have built a house in which we all were staying. The terms now between all of us are not good. I have a few questions. 1 The property was gifted so as to she could procure the loan to build house. a clause was mentioned saying the same which is fullfilled. 2.Before gifting the proprty she had said that once the she wud gift back the same to father and the same would be mentioned in other paper which will be signed during the gifting. Later she n her husband said that "Gifted land can not be gifted back to the Initial Owner even if she wishes to ie my Father. Is it true? 3 We all contributed towards building of the house and also during the same time we sold our ancestral property and put in the same money into this building as well. We can prove this and thus can we claim a share in this property? We are 2 brothers and a sister. Our mother is alive and she is the one who wants to know the answer to point 2 as if it is really true or no. Expecting ur inputs on the same. Thanks. P
piyanshu_leo@yahoo.com
ajay sethi
(Expert) 09 January 2013
once gift deed has been executed your sister become absolute owner of the property . unfortunately now you cannot claim any rights on the said property .
Guest
(Querist) 09 January 2013
But Sir,
We all contributed towards building of the house and also during the same time we sold our ancestral property and put in the same money into this building as well. We can prove this and thus can we claim a share in this property?
and
Before gifting the proprty she had said that once the she wud gift back the same to father and the same would be mentioned in other paper which will be signed during the gifting. Later she n her husband said that "Gifted land can not be gifted back to the Initial Owner even if she wishes to ie my Father. Is it true?
Rgds
P
Guest
(Querist) 09 January 2013
The Building of the house happened after Gifting the property.
During the same time we sold ancestral property and invested the same in the building.
Can these points help stand the case?
Guest
(Expert) 09 January 2013
Purpose for gifting or contribution towards construction of building have no relevance when a property is gifted to some one. Now it is at the mercy of your sister to pay back the money to all others or not. Although no such restraint is seemingly there to regift the property as a gift to the original donor, she may however, if she likes, can gift the property to any one else of you other than your father.
ajay sethi
(Expert) 09 January 2013
your sister has not signed any papers wherein you would have share in property in lieu of contribution towards construction costs .
Guest
(Querist) 09 January 2013
Respected Sirs,
No Sir she has not signed any papers.
I do understand the rules of Gift deed but
Wud investment of money from selling of Ancestral Property not give us the rights on the house?
Also one Confusion: PS Dhingra Sir says that : Although no such restraint is seemingly there to regift the property as a gift to the original donor, she may however, if she likes, can gift the property to any one else of you other than your father.
Doesthat mean she can not have gifted it back to father even if she wanted to at that time?
Sorry guess am asking too much advice.
Thanks in advance.
Devajyoti Barman
(Expert) 09 January 2013
Gift once made can not be cancelled by the original owner in any circumstances. Only the court of law has power to set this aside on certain conditions like if the dded is proved to be null and void.
Guest
(Expert) 09 January 2013
Law is silent on any restraint on regifting back by the donee to the donor. But if the conviction of your sister and brother-in-law is that she cannot regift to your father, she can gift a fresh to you, your brother or mother.
Raj Kumar Makkad
(Expert) 09 January 2013
I have nothing to add in the detailed discussion over the query.
R.venkatesh Naidu
(Expert) 15 January 2013
it is very difficult to you, best you go to your sister and made compromise with her
