Property rights
Querist :
Anonymous
(Querist) 15 August 2021
This query is : Open
My mother is single , we don't have any property from our father side as they were seperate when I was 6 months old and my mother had taken us in custody, now my maternal grandmother who was live with me until her death bed has given a property to my mother and my mother also gift her said property in same to both my sister and me, now I would like to sale off the property that registered under my name but my mother and my sister create an issue and threatened me that they will sue me and revoke the gift deed and throw me out from the property, so is there any legal answer to fight back or is that possible that they can retake the given property again??
Advocate Bhartesh goyal
(Expert) 15 August 2021
Once gift deed is registered In favour of donee and accepted by donee can't be revoked however court can cancel gift deed if it is found that gift was made under undue influence,fraud or coercion
Querist :
Anonymous
(Querist) 16 August 2021
Thankyou sir, it means that I have the right to do anything in my land and it has nothing to do with my sister and mother? The said land was gifted by my mother with her whole heart without any force , isn't legally mine now? Is there any condition my mother reclaim the property? Or is there any problem if I like to sale the property as the property doesn't concern any livelihood for me, as my husband is from another state and I want to seek some livelihood through that property, please help me Sir they are given me and my husband a huge threat that they won't let us sale nor live in that land.
Dr J C Vashista
(Expert) 16 August 2021
The property has been gifted to your mother or you is ambiguous. However, I concur advise of expert Mr. Bhartesh Goyal, after acceptance of gift the donee is absolute owner of the gifted property.
It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
P. Venu
(Expert) 16 August 2021
May be, law is on your side. But why you are in a hurry to antagonise your mother
By the way, is your father still alive? If not has he left any property intestate?
Querist :
Anonymous
(Querist) 17 August 2021
No Sir, my father is not alive, and yet I am in hurry to sale the property is for my living, the property is very small in area but expensive in price if sale off the property I can provide my family a better life that is I am living in a rent worth 15000 per month is becoming heavy to handle , I like to sale off the said property and buy somewhere better place where I can build a small house and a small farm to survive, which is possible if I can sale the property otherwise I will be in huge poverty , as my source of living is depend on that land for now where currently I generate a small furniture factory in that land but the locality is now against the factory and I must have to remove it from there but for now I don't have any other sources to purchase or rent another place compatible for making factory or a house to live in, that's why I request my mother to let me sale off the property and buy a better place , is it wrong to try to live better , she spoiled my childhood without giving me shelter since my childhood leaving me behind in the hands of many relative and grandmother, she didn't even bother about my marriage ceremony but luckily I found a good husband where he was taken full responsibility for the ceremony not taking a penny from my maternal side, she never hold any responsibility about my education or my marriage, and till now I am sending money and looking after her every needs though she live with my sister , she was okay when I talk about selling the property at first but after my sister objection she turned her back on me, and threatened to sue me .
Querist :
Anonymous
(Querist) 17 August 2021
Me and my husband has a small business in my native land , he is from another state since we are living in my native state for 5 years and we have our livelihood in this current state if we have to stop the factory as locality is not favouring , I must have to leave my state and went to my husband state where we must need to start from the beginning that is not possible as we don't have any source to survive there , atleast in my native land I am running a small business whereas in my husband native state we don't have business or support so that we could survive, setting up a family and business without anyone help was a huge challenge for both my husband and me now we want to live a normal life like other people do, I didn't mean to sale off the property and leave my mother to die with my sister, I am planning to take care of her If I have a house and peaceful surviving source, where not possible without selling off the said property. the property is very small and my mother's sibbling is against my factory , so thought it will be better if I could buy a new land which is bigger in size and better to set up a factory. My motive was clear and genuine Sir
P. Venu
(Expert) 17 August 2021
Certainly, you ca sell the lad unless your mother mother had made a conditional gift.
Also, you are a legal heir to the property, if any left left intestate, by your father.
Querist :
Anonymous
(Querist) 17 August 2021
Thankyou Sir, There is no condition applied while gift the land by my mother, even my sister was a witness while registering, I had my sister's signature in the document .
G. ARAVINTHAN
(Expert) 29 August 2021
You can file a suit for partition based on the right you acquired under Gift Settlement Deed?
