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sathyanrayana J (sse)     01 January 2012

Cancellation of gift deed

Sir,

My mother made a gift deed to my sister in the year 2009 with out any conditions. Actual property is purchased

with my father's earnings and he kept it on my mother's name on sentimental resons .All sale deeds are on

my mother's name. My mother is not a employee and she doesn't have any source of income. She is a

housewife. I have filed a suit on this in the year 2010, saying that this property is earned by my father,on

sentimental reasons my father kept the property on my mother's name and I do have share in that. Court is not

agreed on this and said that I am not able to prove that this property is purchased with my father's income

. Please suggest me that how can I prove that property is purchased with my father's income?

My father was a farmer and he does not any IT returns etc., Then How can I show the evidence?

If my mother accepts that property is purchased with my father's income, would it be sufficient?

 

Thanks,

Sathyanarayana J



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 January 2012

Burden lies on you and your mother to prove that it is father's property purchased in the name of mother, she has to prove it is her self acquired property.  If she asserts tht it is her self acquired property then she to show the gains of earnings.

If she admitts then you need not to prove.

manoharan (managing partner)     01 January 2012

the year in which the property was purchased is crucial.after the introduction of Benami Transactions (prohibition ) Act 1988,the case of the author fails.

the admission by the defendant that the property was puchased by her husband is valid.the plaintiff need not introduce further proof to that score.

Raghav Sood (Lawyer)     02 January 2012

even if you will be able to prov ethe property purchased by the father in her name u will not going to succed it is the intent of the father for creating right in favour of your mother to be the rightful owner of the properties so purchased

manoharan (managing partner)     03 January 2012

read section 3 (2) of the Act


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