Need advice on Gift deed and Cheating
Manu
(Querist) 11 July 2011
This query is : Resolved
Hello advisers,
I need the best advice from you . This may be lengthy , but i would like to make things clear.
1. My mom has 4 sister and 1 brother(my uncle)
2.That time properties were in name of Mom, next sister, uncle and grandma.others sisters were minor.
2.When all grown up Agreed to devide the property eqauly with one share to grandma . Grandpa is no more.
3.Put a lot for the sites as no dispute should come later. All got the sites , and started looking after it eventhough not registered in there name.
4. Mom got uncles property in the lot and uncle got mom property . Mom took care of it for last 12 years, and uncle took care of moms's property.
5. when Uncle wanted to construct the house(at the poperty which he got in lot) , so he got the property registered as gift deed in his name from mom, her sister and grandmom(they are the authority to sign).
6. after that uncle is not registering his property to my mom(which she is looking after), hence she is without any property now.
7.Uncle asked her to vacate the property belongs to his name, also he got moms propert registerd to his name. He is holding both the property.
8. My questions....
1>Can my mom cancell the gift deed along with others now?
2>Do I have any rights on that property given by mom, as i was major and my openion was not taken ( i was studying away from native town)
2> Do we have any rights (myself and my sister) to challenge my uncle as he cheated on promises and words , by which my mom gave him her property.
Please help me here , as most of the senior advocates are asking us the papers from 1960's , and it is difficult to get.
Thanks and Regards,
manu
prabhakar singh
(Expert) 11 July 2011
Hello lawmakers,
but we are not.
1>Can my mom cancell the gift deed along with others now?2>Do I have any rights on that property given by mom, as i was major and my openion was not taken ( i was studying away from native town)
2> Do we have any rights (myself and my sister) to challenge my uncle as he cheated on promises and words , by which my mom gave him her property.
NO.NO,NO.]
4. Mom got uncles property in the lot and uncle got mom property . Mom took care of it for last 12 years, and uncle took care of moms's property.
WHAT EVIDENCE YOU HAVE ABOUT IT.?
5. when Uncle wanted to construct the house(at the poperty which he got in lot) , so he got the property registered as gift deed in his name from mom, her sister and grandmom(they are the authority to sign).
6. after that uncle is not registering his property to my mom(which she is looking after), hence she is without any property now.
THIS WAS A BLUNDER COMMITTED BY MOM AS NO GIFT DEED BUT EXECUTION OF AN EXCHANGE DEED
BETWEEN YOUR MOM AND UNCLE WAS REQUIRED.
ADVICE MUST HAVE BEEN SOUGHT AT THEN ,THERE IS HOPELESSLY VERY LITTLE CAN BE DONE NOW.
Manu
(Querist) 11 July 2011
hi Sir, Thanks for your reply.
I know my mom did a blunder , trusting her only brother.
Regarding proof: We have receipt's the amount spend for irrigation and other renovations on the site.
also all members have ensure us they will stand by us in the court as they are the witness for all the deals.
Raj Kumar Makkad
(Expert) 11 July 2011
You have not mentioned in your query whether the arrangement arrived into family was written bearing the signature of all concerned or oral.
If it was oral then there is no scope for your mother to agitate at this stage but it was written then something can be thought to be done.
If Senior counsels have sough documents of the property since 1960 then get them availed as it is not difficult to obtain the documents if some reference is available. You can approach registrar office for that purpose.
seshadri dubey
(Expert) 12 July 2011
i think you have many scope to fight and win the case,
i would like to know from you
that you told your mom took care of your uncle's property for twelve years,in which way she took care? did she pay any revenue or tax or any other govt fees?
2.and you can obviously challenge the gift deed executed by your mother,taking other parties as witnesses,that you executed the gift deed out of a family settlement
