Please help me respected lawyers
sangeeta sharma
(Querist) 19 March 2014
This query is : Resolved
i live in house built on plots of my elder brother and sister.i live in the same house with my mother .my mother has taken affidvit from my sister to tranfer plot on her name now she wants to transfer plot to my name as i am the only who takes her care.will it stand in court if my mother makes simple affidavit in my name.what else precaution should i take to ensure safety and security of my children.as things will turn anyway after my mother.also plot is bought with money of my father and mother which can be proved as both my elder siblings were minor at that time.my father is no more and died without will
Kuummaar AS
(Expert) 19 March 2014
Unless transfer of property is done legally, the purpose will not be served.
Please advise exact details in whose name the property under question is registered.
sangeeta sharma
(Querist) 19 March 2014
the property is registered in the name of my elder brother and sister.and house is built by my parents taking disclaimer on simple paper(as lots in india do it hoping it will suffice)
BAALASUBRAMANNYAMM
(Expert) 19 March 2014
Your elder brother, Sister and mother are all interested to make a deed in your favour and where there is no dispute within your family, better to go for a Gift Deed, which requires nominal expenses and which gives more power of legal right. Ignore rest of things.
Kuummaar AS
(Expert) 19 March 2014
I DO NOT THINK THE PROBLEM IS SO SIMPLE IN THE FAMILY.
PLEASE ELABORATE "house is built by my parents taking disclaimer on simple paper"
Rajendra K Goyal
(Expert) 19 March 2014
The property is in the name of your brother and sister, they should gift it to you. Property title does not change through affidavit.
sangeeta sharma
(Querist) 20 March 2014
respected lawyers .
the problem is obviously not that simple .my elder brother lives in seperate portion of the house and will try to grab whole house .i want to know what legal option do i have.
regarding "house is built by my parents taking disclaimer on simple paper" my father and mother bought the plot in name of minor child as my parents ere having some other properties and it was not allowed to buy second property at their name.so they bought plots on the name of minor child and later on took disclaimer on simple paper of both children and built house in their name
Kuummaar AS
(Expert) 20 March 2014
Your query is not understood. You have informed, inter alia, as follows:
"...on the name of minor child and later on took disclaimer on simple paper of both children and built house in their name."
The property was bought in the name of minor. Somebody must be guardian also. Moreover, property was purchased in the name of minor as per you, which means only one individual whereas disclaimer was taken from both children. Irrespective of the legal value of disclaimer, how minor children can give disclaimer without guardian.
Further, you have stated that house was built in their name. How can it be?
Provide detailed facts of the case as well as of the disclaimer, if you need proper reply.
