House registered transferred by parent
Vikas Bansal
(Querist) 07 August 2017
This query is : Resolved
My friend's widow mother and his brother transferred their portion of house on my friends name. It was on name of my friend, his brother and his widow mother. Now they are accusing him that my friend got house transferred by using wrong means. There was no exchange of money against house transfer. I understand that due to parent act my friend's mother is entitled to get her property back. But is my friend's brother also entitled to take his portion back?
Keshav Rao N
(Expert) 07 August 2017
If the document has been legally executed then the burden of proof that it was executed under coercion has to be established by the other executants namely your friend's mother and his brother.If court accepts their plea then the document becomes void and the position is restored as though no document was executed.But if upheld then your friend gets title to entire property.Among family members no financial consideration is necessary.....it could be gift,release or family partition.
I am not a lawyer but a banker.Hope some lawyer experts will throw more light on this.
Rajendra K Goyal
(Expert) 07 August 2017
What type of document was executed?
Whether it was registered?
Vikas Bansal
(Querist) 07 August 2017
Property registry was transferred and registered properly. But I was told by their lawyer that Property was transferred on good will as there was no exchange of money. Same is mentioned in the House registry. Lawyer mentioned that as per new Parent act, Parent can claim the property .
Keshav Rao N
(Expert) 07 August 2017
Chapter V section 23 of the Senior citizen parent protection 2007 act is probably being quoted in this case.It is specific that there should be an undertaking to provide maintenance to the Senior citizen parent failing which it will be deemed that the transfer is under coercion and hence a fraudulent act.But does the transfer document mention anything specifically about such a commitment?
