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Anandan Rajamanicam (Engineer)     12 May 2015

Gift deed to mother from son

Dear Legal Experts,

Please kindly guide me..

My family of  4 sisters + my mother + myself , My all 4 sister’s married and given release deed to me for all the properties.,  My mother too given me a gift settlement deed to me,  all duly registered.  ( this is happened about 4 years before )

I am sole owner of the properties ( about 4 independent properties located different places in the village ),

My father passed away year 1970’s by heart attack,  all the properties after that transferred to my mother’s name.  Now all the properties on my name,

Due to my wife &  daughter mis-understanding, both staying away,  & My daughter file patrician suit in the District court for 50% share on the properties, ( even though she can’t have any rights on my family properties ),

Last 4 years the case didn’t put on trial,

Due to this dispute,

Can I return back my share + my sister’s share to my mother by Gift settlement deed..?

Let my mother’s share given as gift deed on my name as it is..

Pl. guide me.. best Regards



Learning

 5 Replies

Anandan Rajamanicam (Engineer)     12 May 2015

I wish to transfer back to my mother only one propertiy,  remaining all I wish to keep it as it is.. thanks.

saravanan s (legal advisor)     12 May 2015

since you have recieved the properties as gift your wife or daughter cant lay any claim over it.if you want you can also gift the shares you mentioned back to your mother

as you pointed out crpc 482 is not applicable for civil suits. you  can approach high court to get an order to fix a time frame for the disposal of the suit. 

Anandan Rajamanicam (Engineer)     13 May 2015

Dear Saravanan sir,

Thanks for your guidance,  Under CrPC 282  request for Quash the case I think it is applicable for criminal case,  is it for civil  partician suit applicable. 

Pl. give your guidance,  Since Last 4 years the case didn't even taken for trail.. 

How the speed up the cash.. thanks

saravanan s (legal advisor)     13 May 2015

since you have recieved the properties as gift your wife or daughter cant lay any claim over it.if you want you can also gift the shares you mentioned back to your mother

as you pointed out crpc 482 is not applicable for civil suits. you  can approach high court to get an order to fix a time frame for the disposal of the suit. 

S K KARNjhc (Legal Adviser)     14 May 2015

Good advise, you should follow accordingly or consult local lawyer dealing such matter.

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