Registered gift of the property
Richa Priyambada
(Querist) 18 May 2012
This query is : Resolved
Sir,
i am a native of patna (bihar). my late grandfather bought a land property in my grandmother's name, out of his own source of income.my grandmother is alive and is a housewife, and does not have any source of income.my grandfather constructed a 3 storeyed building in the land.my grandparents have 4 sons and 2 daughters. my father is the eldest son.all other members used to stay elsewhere, but i along with my father stay in the ground floor of the house property build by my grandfather.the electricity bill of ground floor comes in my father's name. we are staying in the house from the last 40 years.
now, few days back we came to know, that my grandmother, who used to live with my aunt, gifted (registered gift) the house property to my aunt( i.e my 3rd uncle's wife).my grandmother is illiterate,old(80 yrs)and is always inclined towards my aunt, and thus is always in her favour.we dont have any original documents with us.now, we are afraid that my aunt would sell the property and hence ask us to vacate the house..do we have any legal remedy available...can we challenge the gift...?? or can we ask for partition...please help...
ajay sethi
(Expert) 18 May 2012
property was standing in name of grand mother . she was absolute owner of said property. she has full powers to execute gift deed in favour of aunt if she so desires .
once gift deed is stamped and regsitered your aunt becomes absolute owner of the property
gift deed can be challenged on grounds of fraud , undue influence. since your grand mother is 80 years old and illterate and her mental faculties are not intact she is not in position to know what she had signed ,
however if your grand mother is of sound mind and able to comprehend what she was signing you may lose the case
adv. rajeev ( rajoo )
(Expert) 18 May 2012
I do agree with Ajay Sethi. My opinion is you for suit for partition and seperate possession. You will have to prove that grand mother had no independent income to pruchase the property.
Shonee Kapoor
(Expert) 18 May 2012
I have nothing to add further.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
