property transfer
achintya
(Querist) 02 July 2016
This query is : Resolved
My father purchased a land on my mother's name who is now a senior citizen and after that he build a house on that land , every papers of land and house is on my mother's name , now my mother gift the hole property to her younger son , we are 4 brothers and sidters all are married , my younger brother record that land on his name and also change the holding number of the house from municipality office. Now my questions are 1. How can my mother gift that property to one child? 2. As the property was purchased by my father how can she do that? 3� can my younger brother evict us from said property 4. Can we challenge that registered gift on court? 5. What is joint share house hold under dv act? 6. Our father passed awy , so now what can we do? Please suggest , waiting for all of yours valuable reply.
Siddharth Dev
(Expert) 02 July 2016
Dear Achintya,
I think in your case you will loose if you will mention these fact to Court in your case there needed Tact rather than Fact or Act. I suggest you should meet your lawyer.
Thank you;
www.satron19.com
prabhakar singh
(Expert) 02 July 2016
Maybe your father's earning was the source of purchase of property but as it is in your mother's name,legally she is the owner and owners have full discretion to deal their property in any manner they desire.
Although some case may be thought of for you
but practically it would not be possible for you to prove the same in court.If you are that anxious better visit a civil law local senior practitioner with all documents and discuss the matter.
Kumar Doab
(Expert) 02 July 2016
Agreed with experts.
Meet a very able counsel to understand the remedies if any and merits.
achintya
(Querist) 02 July 2016
Thnx a lots experts....
I have a last query...does dv act stop the property transfer ? Mean if my wife file a dv case against my mom and claim for residence order ? And is that property joint share property ?
Rajendra K Goyal
(Expert) 02 July 2016
1. Property is in the name of your mother, she is owner she can sell / gift / bequeath / mortgage it in favor of any one during her life.
2. Property is in her name, she has legal right to do so.
3. Yes if property is gifted to him by your mother.
4. You can, chances of success are less.
5. Clarify your question by giving facts.
6. Try to have amicable settlement.
7.DV act can not stop transfer of property in this case. Your wife has no claim against your mother.
Property is not joint share property till your mother expires intestate.
achintya
(Querist) 03 July 2016
Actually my wife filled a dv case claiming residence share against my mother on 19/12/2015 and my mom get the notice on 22/2/2016 and the property was transfer in my brother's name on 8/1/2016 , in that situation can my wife get residence share from magistrate, the case is on trial.
achintya
(Querist) 03 July 2016
Actually my wife filled a dv case claiming residence order against my mother on 19/12/2015 and my mom get the notice on 22/2/2016 and the property was transfer in my brother's name on 8/1/2016 , in that situation can my wife get residence order from magistrate, the case is on trial.
Guest
(Expert) 03 July 2016
Your liability cannot become your brother's liability. You may, however, have to arraqnge for her accommodation, whether independently or in the same house, where you live, may be your brother's house, if you live there.
Siddharth Dev
(Expert) 03 July 2016
Now you are disclosing a new fact about DV case had already filed.
Well when your wife already filed a dv case she may get separate house hold under residential orders (dv act).
But it is not a permanent solution you won't be able to get title transferred on her name.
Thank you;
www.satron19.com
achintya
(Querist) 03 July 2016
I mean to say is it legal to transfer property during dv case ?
Siddharth Dev
(Expert) 04 July 2016
I suggest only with the permission of concerned court. Because if Court orders for residential orders than it will be responsibility of accused to comply that order. Further I'd like to suggest communicate with your advocate.
Thank you
Kumar Doab
(Expert) 04 July 2016
As already posted by experts, meet a very able counsel to understand the position.
