Property
Prakash R
(Querist) 23 March 2015
This query is : Resolved
My father died without writing a will and he had promised that the house we reside will come to me. He had already contributed quite a lot of money to my sister to build her house which was around twenty years ago but there is no proof for it as he had paid cash and no receipt was taken. There is some money kept in fixed deposit which will be given to her after my mom breathes her last and land in native place which was purchased by dad two-third share of the property is already given to her. As there is no will return by dad the flat where I am staying is divided among three people, sister, mom and me. My mom have already gifted me her share of the flat to me by a registered gift deed (as per last wishes of my father). so I am the two- third owner and my sister is one third owner, In the society and share certificate, my mom is absolute owner of the flat. My mom has not disclosed to my sister about the gift deed. My sister is now insisting that she wants 50 percent share of the flat. She is not willing to settle for anthing less. She and her husband had fought with me for this. Now they are keeping quiet as mom will be affected by this but after her death certainly she will fights or have legal tussle for the property. My sister is well off monetarily, they have a 2 BHK flat at Powai and I am without any flat of my own. I don't want to have any fight and also get my two third share of the flat. Can you please let me know if the registered gift deed can be challenged in court, if challenged, whose favour will it be in. Can any memorandum of understanding can be made my mom and ask my sister to sign that she will not go to court for the property.
Please advise what best to do.
Advocate Kappil Cchandna
(Expert) 24 March 2015
Sir,
Make a live video of your mom that she has given the gift wilfully without any fraud or coercion .... Let her challenge....
No way she can be stopped from legal rights ....
Regards
Kapil Chandna Adv 9899011450
malipeddi jaggarao
(Expert) 24 March 2015
Lot of information which is not related to the query and does not have any relevance with your present problem.
If you confine to your present problem of the flat. In the absence of Will of any document executed by your deceased father, all the three are equally eligible for 1/3rd share. Keep on record the death certificate of your father and obtain legal heir certificate. Your mom has already alienated her share by executing a registered gift deed hence you are the owner for 2/3rd of the flat and your sister is eligible for 1/3rd share only. She can not do anything.
Why are you not disclosing the gift deed to your sister? It is better to disclose at this time and rope in the elders for relinquishing your sister's share in your favour either for consideration or out of love and affection as certain properties were given to her by your father. Why the fixed deposits in the name of either your deceased father or your mother have to be given to your sister after expiry of your mother? You have the equal share in it and stake your claim. In reciprocation, you can settle these issues for 1/3rd flat to be given to you with the help of your family friends and relatives during the life time of your mother. Unless you assert your right, your sister will not yield to your request.
Rajendra K Goyal
(Expert) 24 March 2015
Ask your mother to gift her share in Agricultural and other property to you and nominate you in Bank deposits so that your sister can be ready to gift her share in flat in your name to have equal share in other properties.
Otherwise your mother can convince your sister to gift share in flat to get lion's share in other property.
ajay sethi
(Expert) 24 March 2015
during your mother lifetime let your mother make application to society to transfer her 1/3rd share in your name on basis of gift deed .
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
I your post you have mentioned that " In the society and share certificate, my mom is absolute owner of the flat."
If that is so, your mom could have gifted the entire property to you(?) why only 1/3rd?
Hope you are confused and not able to ascertain things properly, may be due to the fear of losing the property or some other anxiety(?), better consult a local lawyer, apprise him your problems and seek opinion/relief accordingly.
