Mother gift deed to daughters
Querist :
Anonymous
(Querist) 15 November 2023
This query is : Resolved
My mother and two brothers own 7 acres of land which is road facing in their name without clear demarcations. My late father had promised to his two daughters that he will give 1 acre each from these 7 acres of land. Now that he is nomore, and we asked for that 1 acre, after years of arguments, they got scared that we might go to court and ask for equal division of land, they agreed to transfer 1 acres land to me and my sister, as a gift deed from my mother.
When we looked at the documents, we saw the two acres were demarcared at the farthest corner of the entire patch of land with no road side exposure, so no way to enter into the land. When asked for some piece of road side land, they are again arguing, that you should take whatever is being given. We don't to divide the land in 4 parts, we just want our fair share of 1 acre which has some road exposure, how can we ensure this division?
T. Kalaiselvan, Advocate
(Expert) 15 November 2023
You can file a suit for partition and ask for equal share in the property divided by metes and bounds and good and bad soil.
The court will pass a decree and judgment as per law which will be beneficial to you, you should not hesitate anymore to approach court of law for this
Advocate Bhartesh goyal
(Expert) 15 November 2023
If your mother and brothers are absolute owner of questioned land the you can't seek partition but it belonged to your late father and he die intestate then you can seek/claim partition of land.
Querist :
Anonymous
(Querist) 15 November 2023
It belonged to my father, but later my brothers without informing us, transferered tha land to their name along with my mother
Laxmi Kant Joshi
(Expert) 15 November 2023
You didn't mention that how your mother and brother become owner of that said property, had your father made any will in favour of them or died intestate , if he died intestate then the land equally distributed among you, your mother, your sister and your brother, you all have 1/4 share in the said property , it will be best amicably you all sort out your land distribution if not then move to court for suit for partition only then you can get Suitable and usable land of your share .
kavksatyanarayana
(Expert) 15 November 2023
You stated that your mother and two brothers have 7 acres in their names, which means, how did they acquire that land? You have no right over the property if the land is purchased in their names. After your mother, her share will be equally distributed among her legal heirs.
T. Kalaiselvan, Advocate
(Expert) 15 November 2023
You can answer the queries raised subsequently by other experts in order to get clarified with more proper opinions.
