SVM1234567 (Marketing Executive) 19 July 2014

Property rights after giftithe property

Dear Sir,

We have a property which was purchased by father in my mother's name in 1964. They developed ground floor in 1967 and first floor in 1997. We are two brothers and my elder brother was facing financial problems after his marriage. My parents allowed him to stay in first floor. From year 2000 he started asking my parents to write entire property in his name. In 2006 he file a case against my parents for partition of property. This case was decreed in favour of my parents. Since then he,his wife and children using filthy language against my parents and they beat them also. My father made police complaints in local PS. Because of my brother and his family behaviour my parents file a eviction case against my brother. This case was also decreed in my parent's favour.My brother went to high court and apply for stay on eviction, which was granted by high court in my brother's favour. Last February my father expired, after that his harassment increased. He file another suit to bring myself, my elder sister and my younger sister as legal hires in place of my father. Now my mother wants to gift the property to me. My doubt is after transfer the property in my name through registered gift deed i will be getting all rights over the property immediately or is there any time frame to get rights over property. What happen to the pending stay which was granted by high court? and legal hire suit. Please clarify

Regards

Murthy

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4 Replies

Anish Thakur 7018812737 (advocate) 19 July 2014

As the property is self acquired property and solely in the name of your mother ,your mother is free to sell ,gift this property,you will get all rights over the propertysoon after the gift deed of this property in your favour by your mother.

Laxmi Kant Joshi (Advocate ) 19 July 2014

Your mother can transfer h

Laxmi Kant Joshi (Advocate ) 19 July 2014

Your mother can transfer her property in the favour of yours by making a registered gift deed as she is the sole owner of that property, but at present situation she can transfer only the ground floor not the first floor also because the first floor is not in her possession it is occupied by your brother and the case is pending for order to eviction , she can gift only those property which were in her possession, hence better to go for ground floor and immediately transfer it in your name , when courts orders your brother to vacate the first floor then go for first floor gift deed, in between tell your mother to make a registered will of the first floor in your favour as you know there is no life surety of old parents for safe side you do it .

T. Kalaiselvan, Advocate (Advocate) 20 July 2014

Since the property is in your mother's name, it is her own property and she only has a perfect and absolute title over the property. She can dispose it in any manner as she desires, therefore executing a gift deed in your favor is absolutely valid in law and about the stay in the high court is an interim measure, it has got nothing to do with this transaction. That sty was obtained against the order of eviction in the lower court and not against the transfer of property by your mother in your favor by execution of registered gift deed in your favor. Consult a lawyer and arrange for vacating the pending stay at high court.