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monika   14 June 2015

will or gift deed

My mother wrote a will saying 50 50 share to both of us.after that she gifted the entire property to me,d daughter and she ass*x away after one year. Now my brother is demanding his share saying abt d will Pls help


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 9 Replies

saravanan s (legal advisor)     14 June 2015

your query is not clear

as per my understanding  i am trying to answer...the claim by your brother based on the will doesnt hold if the gift deed had been registered and the transaction is over i.e donee accepting the gift from donor before your mom died

monika   15 June 2015

Thanks dear saravanan.s .Yes very much d entire gift deed registered and stamped and was well accepted and was completed in front of my mom.she passed away after one year of dis gift event. But d thing is NOW my brother(hari) sent a notice at my home address stating a false story against me.point to be noted: hari(my brother) is himself a witness in d registered stamped gift deed. Now d false thing in notice says: Hari( my brother) agreed only in that condition to be a witness wherein I agreed to give him 1/3 share and also he was d one who pursued my mother to make a gift deed to me. He did pursue my mother for that but d reason y he did was as he was never there to take care of my old mom due to his personal reasons .so I stepped in between to be with my mom despite being married and leaving my family children n husband alone for longer periods.so I know I deserved it n so does he know what role I was playing of ma kee seva being a girl Now he claiming falsely, sheer false thing that I AGREED TO GIVE HIM 1/3 AT THE Time of gifting ( my mothers gift to me I mean)

Adv Akhtar Ali Sheikh (Property Law Consultant)     15 June 2015

Let him send any notice or file a court case he won't succeed but you have to defend and fight.

Nita   15 June 2015

I heard that now property can be given to daughter as a gift without paying any regist ration fees. Is it true?  If yes how much? Our office building is 70 years old so will I get depreciation? Pls inform me from where can I get it done.

monika   15 June 2015

So fight for what now? When as per all d answers I got from all you people here N how long our court case will run?

monika   15 June 2015

So wht to defend when I m all legal with my moms gifted property? In other words what case will be formed on what basis?I m confused. Is it like anyone can file a case against anyone?I mean d party shud have some matter to file against me and also will d court entertain such illogical cases? If so then any xyz without any base can claim n file case against another ABC( sorry I don't have d knowledge how judiciary works!) And result is inconvenience n trouble to ABC party!

Amol Kende (No)     15 June 2015

Ok you need to file case as suggested by Akhtarji case is for ther property which is gifted to you need its owner and acquisition of its full rights once you provide and present the gift deed ahead the cour which is probated registered then court will refuse the will provided because will created first and gift deed is the latest document whether valid gift deed created first then afther will created in that case also the gift is first and other than the gifted property your mother can make will you can claim your mothers gifted property through the court by civil proceeding

monika   15 June 2015

Thanks anmol,i got it! U have a nice day:)

monika   17 June 2015

So how much time my case would run? As its first of its kind I m encountering! Only heard in news n from friends it takes years for cases to be resolved!

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