SVM1234567 (Marketing Executive) 12 July 2014

Gift deed

Dear Sir

We have a property in Hyderabad and it was purchased by my father in my mothers's name in 1964. We are two brothers. My father expired in Feb. 2014. For the last 14 years my brother asking whole property to transfer in his name. My parents file a case aganiest my brother for evacuation of property which was decreed in our favour. On this he got a temporery stay from High court.. Now my mother wants to gift the property to me. Please advise whether it is possible??

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4 Replies

Laxmi Kant Joshi (Advocate ) 12 July 2014

Murthy very soon the property will be in your mothers possession, now your mother can transfer her property in favour of you by making a registered gift deed , she has all rights over this property.

(Guest)

All the facts which you have mentioned here if are correct and the only facts then in no time you will get the possession of the property so no need to worry much. Just keep connected to your lawyer and for immediate vacation of stay as well. And Mr. Joshi sir info is correct too regarding gift deed

Regards

Rajesh Kulkarni (Advocate) 16 July 2014

Murthy ji, Stay does not waive ur right in over the property. There being a legal issue involved stay is generally granted.... file a petition to vacate the stay.... do elobrate on nature of case your parents have filed.... Rajesh Kulkarni Advocate 07799116091

SVM1234567 (Marketing Executive) 16 July 2014

Dear Mr.Kulkarni ji

I am here with elobrate whole case. In year 2006 my brother file a case against my parents for partition of the property. This case was in my parents favour. After this case my brother was troubling my parents more. Then my parents file eviction of property case against him. This case was also decreed in favour of my parents. Against this eviction of property my brother went to High court for stay on this. High court was granted temporery stay with cost to my brother. Last Feb' 2014 my father was expired. Now he file another suit to bring myself, my elder sister and my younger sister as legal hires in my fathers's place (This was latest development).

My mother was fed up with my brother's attitude and she wants to gift the property in my name.

My question is

If the property gifted in my name can i vacate my brother from the house or i have to wait till all pending matters settle in court. Please advise.

Regards

Murthy