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satnamsingh   12 June 2018

cancel transferred deed in blood relation

my mother transferred all Property in blood relation on my name. Now problem is I have disputes with my wife . she can ask for maintenance and share in rental income from property of my mother ( now mine) .



question 1. can my mother file petition in court to get order that cancell all deeds .

question 2. should I wrote truth about my family disputes as a reason .

question 3. After disputes solved what to do.


Learning

 7 Replies

Raghav Arora   12 June 2018

Dear! To be exhaustive and explanatory about the maintenance question, amongst other factors, It is necessary to know here that - 

1. By which mode the property has been transferred by your mother in your favour ? Was it a sale deed or through a will or a gift deed or any other mode ? 

2. When did you get married ? How many kids do you have ? With whom do they live ? Whether you both stay together or separately ? 

3. What are the proceedings going on in courts between you two ? Whether she has filed any case or cases against you or have you filed case or cases against her ? What are yours and your wife's sources of income and education ? etc etc..

If she is capable of maintaining herself,has no other responsibilities regarding kids, and other things, she will not get maintenance. (Depends on the facts and positions of the parties litigating).

Talking about your questions, firstly - Normally the transfer deeds already executed cannot be cancelled for such ulterior motives, specifically when the litigation is already pending in courts. If there is no litigation going on in the courts, then you are advised to dispose off your property to a third party and not to anyone in your relation. 

So making your family disputes a reason for cancelling the transfer deeds will not be allowed at all by the courts.( Second question) .

Please feel free to ask further questions, if any! But also make it a point to provide complete information on the questions asked above so that your matter can be further clarified. Good Luck!

 

satnamsingh   13 June 2018

Should I transfer on name of my son ( from first wife) . Yet there is no court case . Asking only for safety.

Raghav Arora   13 June 2018

Yes! As a safety measure, before any litigation is imposed upon you, transferring the property in the son's may be considered as an option. Your son must have attained the age of majority to hold the property. He should not be a minor. In case he is a minor, you can transfer the property by the way of gift.

satnamsingh   13 June 2018

Sir raghav g thanks My son is only 13 year old. So gift deed is right

Kumar Doab (FIN)     26 June 2018

The senior citizen mother can claim the property back…and even maintenance..

There are many threads on similar query at LCI and you can search by using the SEARCH option in threads, Articles, etc and even download the judgments….

e.g; Article under my profile..

Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !

Kumar Doab (FIN)     26 June 2018

You being title holder can dispose the property in favor of your minor son…by  a valid/registered deed ..

You are counting income. Count liabilities also and keep irrefutable record.

Further your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can guide after examining all case related docs..

 Check for such counsels at LOCAL civil courts, HC……


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