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jeyanthikumari (clerk)     14 September 2012

Gift deed

Dear Sir,

 

 

 


First I would like to explain our case briefly.

 

 My husband is having residential property in chennai.  which we bought after our marriage with the source of amount given by my mother... The property registered in my husband name. We bought housing loan jointly. Due to some problem. my mother paid all the amount to bank and closed the blance loans.

Hence, my husband give a gift deed in my name. In the gift deed the wording noted that on any reasons the gift deed can not be cancelled before the court.

Simultaneously my self give a gift to my mother. In my gift deed myself and my son or daughter will not claim any right for that property.

Both the deeds were registered in the concerned register office. The EB and other documents were transferred to my mother name.  Now my mother plan to sale that house. Now my husband is making problem for sale.

Now my question are,

 

1) Whether the gift deed can be cancelled by my Huband? If so on what grounds it can be done? (in the document he mentioned it can be cancelled before the court)

 

2) Whether my mother is the sole owner of the property?

 

3) Is there any chance for my huband claiming rights  on that property?

 

pl. advice me.

 

 

 


Learning

 3 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     14 September 2012

Do you have any proof that whole amount paid or given by your mother to bank? He is free to cancel his gift deed any time.

jeyanthikumari (clerk)     24 September 2012

Thanks sir,

The amount 9 lakhs paid from my mother bank account to the bank loan account.

krishnaaaaa (akakak)     15 December 2012

 

father brought flat in 1993 on his own basis and he have 4 childrens (2 sons & 2 daughters) i.e. elder son & 2nd daughter is dead...3rd daughter & younger son(4th son) is alive and... younger son(4th son) stay with father & he take cares father from 1993 to till date and elder son he had own flat..his wife wants money from fathers flat as basis on property and then younger son(4th son) given 15lakh on basis of loan to elder son's wife and then ... father want to giftdeed to younger son(4th son)...and then giftdeed is poosible for younger son(4th son)???

 

and 2nd question is if father did giftdeed to younger son (4th son) and then 

Is there any chance for 3rd daughter claiming rights on that father's flat?


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