Kailash Joshi (accountant) 04 December 2015

Property gift by mother to borther

Sir/Madam, Under erstwhile SRD scheme at Mumbai, a flat (E-16) was alloted in name of mother, somewhere in 1984 and subsequently in .year 2000 or so, an another flat (F-29) was acquired in joint name of my mother and brother. She was not having source of income at the time both the transactions were entered. As we were in joint family with our father having small business.

My father expired in 2002, and dispute arose in 2011 wherein I got seperated and my younger broether also got seperated in 2013. Now in 2015 I have learned that my mother has transfered her right in full right in Flat E-16 and her 50% share in Flat F-29 to my brother by Gift Deed.

As the above properties were acquired from Family income, what recourse do I have.

Thanking you in anticipation.

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3 Replies

Kumar Doab (FIN) 04 December 2015

It is felt that property/share in the name of lady becomes her absolute property.

She can gift it by her sweet will.

You may show all docs on record supporting your contentions to an able counsel specializing in family/revenue/property/civil matters, and understand the merits and remedies.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 January 2016

1. "IF" you can documentarily prove that both the property/s was purchased by fathers source of money, ONLY THEN, you have legal right to claim your share in the property. However for this you will need to file proper dispute petition alongwith various documentary evidence before the local civil court. You will need to prove that the said properties were purchased by father in the name of his wife and son, for "convienence" sake.

2. IN the above scenario the mother cannot gift property not purchased by her own funds, more so "IF" the property was purchased after birth of the children.

Keep Smiling .... Hemant Agarwal
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Kailash Joshi (accountant) 15 January 2016

Sir Thank you very much for your response to query. Due to financial issues, if I am unable to move to Hon'ble Court now, what course of action needs to be adopted to safeguard my interest in the said properties.

Further in relation to a shop premises have been transmitted to my mother being nominee, now she in collussion with one of my brother have created third party rights inspite of written request, and my elder brother have filed a civil suit. On 14.10.2014 The ld. Adv of Def. 1 (Mother) made submission in court that Def. no. 1 will not create third party right from today till next date.

Thereafter Def 1 in her submitted on on 20.01.2015 infomred that third party right has been already created vide registered leave and license (L&L) agreement dated 09.10.2014.

Can you please help, me with above facts, whether the above act will amount to contempt of court, as logically as on 14.10.2014 they were already aware about L&L agreement entered on 09.10.2014 and plaint filed for stay, interim order for stay / status quo was not passed based on above submission of defendent 1 which was adopted on same day by defendant 2.

Thanks in advance