Property
Vinod-100
(Querist) 08 July 2013
This query is : Resolved
Hi,
My mother's father was owner of property.
At the time of serious illness he(mother's father) has trasfer his property to elder son(my maama). now after his(mother's father) death, my maama selling all property to builder without permission of my mother & without giving any thing to my mother. is it right in indian law.
Also tell me can we complaint & file a case against maama.
Advocate M.Bhadra
(Expert) 08 July 2013
If the property is self acquire and your maternal grandfather(mother's father)transferred the property to his son(maternal uncle) by a registered deed of gift during his life time then your mother can not claim.
Transfer of property act
Sec.122--------------"Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donor, and accepted by or on behalf of the donee.
Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
Gift once execute can not be revoked,in certain cases only court can revoke it by a complaint by the donor where there was a fraud and misrepresentation during execution.
So,if the transfer was legal then your case have no merit.
ajay sethi
(Expert) 08 July 2013
ho was transfer affected ? was it by gift deed duly stamped and regd? was it self acquired property of your grand father ?
Vinod-100
(Querist) 08 July 2013
I don't know in very detail but after grandfather(mother's father) death before 20 to 25 year, maama behave like villan, my mother all are 5 sisters, Maama has break relation with all 5 sisters and take rent of all 400 rooms which is main property from last 20 to 25 years. Maama has also one brother who also take rent of some rooms. now they deal this all chawl with builder for making building also give flat to persons who live in rent. so all sister think like what is wrong with him all 5 is a daughter of rich person and brother behave like villan so why we quit.
Rajendra K Goyal
(Expert) 09 July 2013
With out the answers of questions raised by expert Advocate M Bhadra and ajay sethi ji, nothing better can be advised.
