Streedhan
Jai Prakash
(Querist) 18 August 2014
This query is : Resolved
Hi,
Below is my query related to a property.
My father through hard earned money had purchased a property in my mothers name so as to gain some tax benefits. Over a period of time, my father developed this property and had managed to generate rental income. Recently my father passed away and my brother has got the property transferred from my mother into his name and eventually planning to sell it off.
My brother has claimed that this property was obtained by mother as streedhan from her parents money. Thus they seem to creating a case to alienate me from this property.
Please let me know if there is there any possibililty to fight this case.
Thanks
Jai
Devajyoti Barman
(Expert) 18 August 2014
Whether he frames the story of stridhan or not, if your mother has already transferred the same to your brother you could do nothing.
malipeddi jaggarao
(Expert) 19 August 2014
Agreed with Mr.Barman. This property is to be treated as self-acquired property in the hands of your mother and her hands are free to transfer this property to anybody leave about your brother.
Laxmi Kant Joshi
(Expert) 19 August 2014
if your mother had transfered her property in your brother's name and she is also in his favour then nothing can be done.
Rajendra K Goyal
(Expert) 19 August 2014
It would be treated as self acquired property of mother and if she has transferred this, you have no claim on it.
ajay sethi
(Expert) 19 August 2014
how was transfer affected ? by regd gift deed?
Advocate. Arunagiri
(Expert) 19 August 2014
Even if you establish that the property was bought from the earnings of your father, your mother is having all such power to alienate the property to any body.
Biswanath Roy
(Expert) 20 August 2014
You can file a Declaratory Suit in the civil court of jurisdiction against your mother and brother praying for a declaration that the suit property was purchased by your father in benamah of your mother to gain his tax benefit and persuant to that you can file a separate application for ad-interim injunction praying not to sale or otherwise transfer the property to any third party or to create any encumbrance over the property till final disposal of the suit.
Biswanath Roy
(Expert) 20 August 2014
My above advise is meant for creating pressure upon your brother and mother so that they can come for an amicable settlement with you to avoid litigation. Besides my further advise to you that if the subject property situates within the municipality collect proof of payment of taxes which might have paid by your father. If such payment was made by your father during his life time it can be used as evidence to substantiate your said claim of BENAMAH.
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
Whether to avoid taxes of some other reason, your father bought the property on your mother's name, thereby the property becomes an exclusive property in the hands of women over which she only has full rights to dispose it in any manner therefore instead of looking for legal way to settle the problem, try for an amicable situation from where you can gain by getting a share in the sale consideration amount.
