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sreenivas g (prop)     24 September 2011

Gift deed

We are family of five daughters, my father expired in 1986. My mother lives with fourth daughter, whose husband is Lawyer. My mother has few acres of inherited property in Kallianpur(udupi dist) after marriage in 1955 by way of gift settlement deed. The few property  is being maintained by Tenants all these years. Now they have agreed to settle and can dispose off the property. The latest RTC shows the names of our mother & five daughters. All this years we had entrusted legal work to our brother-in-law(husband of my sister) Now we understand that 50% percent of prime property has been registered as Gift-deed favoring only fourth daughter by my mother. Now my mother feels that it was done in haste without consulting other daughters.
1)Please let us know as to what we can do under this circumstances?
2)Can the joint property be gifted to a single one  individual ignoring other daughters?
3)What happens after death of my mother?
 


Learning

 1 Replies

jeetendra patel (lawyer)     24 September 2011

In order to gift a property by a person in favour of anybody  then important condition is that the property the person willing to give anybody by way of gift must be his/her self acquired property.otherwise it is not a valid gift deed.In your case if your mother has gifted the joint property as per your say then you have very good case. You can challenge the giftdeed and also subsequently file a suit for partition . fFrstly take your mother into confidence. If as per you say your mother has taken the decision of gifting the property in haste. Then she can always support you.  When you have got knowledge about your mothers gift deed executed in favour  of your fourth sister .Because there may be an issue of limitation. Try to settle the issue amicably. No one is above the law.All the best. PRAY FOR LONG LIFE OF YOU MOTHER.

J.P.PATEL ADVOCATE (9921158871) PUNE


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