Gift deed
sumeet pradhan
(Querist) 03 September 2013
This query is : Resolved
Dear Sir / Madam,
My mother executed and registerd a gift deed without our knowledge in favour of one of my brother after the death of my father. Through the said gift deed she transfered my father's house (flat) to the said brother .We are 3 brothers.
Now plesae tell me:
1. Can my mother do this act wihtout our intimation / knowledge.?
2. Validity of such registered gift deed?
3. How can I claim in this ancestral property in this situation?
ajay sethi
(Expert) 03 September 2013
did your father bequeath flat in name of your mother . if so she is absolute owner of flat can gift the said flat to your brother by regd gift deed
Raj Kumar Makkad
(Expert) 03 September 2013
If your father had not willed out the mentioned flat in the name of your mother then the gift of the entire property on her part is illegal and is liable to be set aside. You need to file a civil suit for partition and possession due to the deth of your father without disclosing the fact of gift deed on behalf of your mother and do challenge it in replication when she produces the gift deed.
Rajendra K Goyal
(Expert) 03 September 2013
Agree with the experts, nothing more to add.
sumeet pradhan
(Querist) 18 September 2013
Dear Experts,
Thanks for giving your valuable comments!
My mother executed and registerd a gift deed without our knowledge in favour of one of my brother after the death of my father. Through the said gift deed she transfered my father's house (flat) to the said brother .Now I m residing in that said flat with my family and mother. I m maintaining such flat at my pwn cost
Now plesae tell me:
1. How can I claim in this ancestral property in this situation?
2. can my brother authorisly tell me to vacate the said flat?
2. Is there any limitation period prescribed for claiming such property?
ajay sethi
(Expert) 18 September 2013
you have not answered our query . whether your father bequeathed flat to your mother by will ?
prabhakar singh
(Expert) 18 September 2013
If your father was owner of the house and died intestate (without any will)then among your father's mother,widow and sons and daughters whoever survived him shall inherit it equally.
Supposing you three brothers and your mother survived your father,then each of you inherited 1/4th.
Gift deed by your mother in favor of brother would be valid only for 1/4th making your that brother sharer of 1/2.
Your brother can not evict you but he can claim his 1/2 share (1/4 th inherited from father and 1/4 th acquired by gift from mother)
Mind! if it was your fathers' self acquired property and your father did not write any will or gift making your mother exclusive
owner only then answer told above by me is correct.
Your mother can file a suit of cancellation of the gift deed made in your brother's favor on the ground of misrepresentation and fraud played upon her by your brother,limitation for which would be 03 years from the date of knowledge of misrepresentation and fraud .You may visit a nearest civil law lawyer,if your mother agrees to do so.
