civil

What is the cause for our brother to file the suit. The facts posted suggest deeper issues. Please post complete facts.

Gifting the property has lease / no relation to the share of your brother which he is entitled and shall be decreed in his favour.

Originally posted by : b B Raju
	I have transferred a part of my property to my brother with love and affection. Not satisfied with the gift he has filed a suit against me for more. by the time the suit was filed I have sold out the my part to third parties. Now I have to do nothing with the property and cannot satisfy him also. please advise me whether the suit will be any binding over me?

During the pendency of undivided property should not have been sold, which is sub-judiced..

What do you mean from the statement, inter alia, ".....Now I have to do nothing with the property and cannot satisfy him also...''  what is the question ?

1. What was the document of transfer to your brother and

Date of such document.

Whether it's registered and if so whether 

A) Clause to the effect that the transfer is in satisfaction of all claims whatsoever on the total property from your brother was included and

B) Whether your brother signed such a document before Registrar with his photo and identity proof.

2. What are the grounds based on which your brother filed suit against you in respect of said property?

Did he mention about the transfer of property in the plaint?

3. Whether transferred property mutated in favor of your brother and municipal tax is being paid by him

4. The exact date of a property sale by you.

5.  The exact date of your brother filing suit

The sale does not absolve you and please note that you have a responsibility to the buyer to sell only such property which is free from litigation and there shall be a clause to that effect in the sale deed executed by you. Such clause includes future litigations on property relating to ownership and marketability of title based on which you sold.

The author is unwilling to provide the information requested. As already suggested, the brother is only seeking his share in the family property. The alleged gift made by the author to his brother does not divest the latter of his share in the family property.