mothers property - sister claiming
hi
I am a hindu and my father was government employee from his earning he purchased a plot in 1982 and love and affection on my mother he has registered the same on my mother’ name subsequently obtained muncipal permission and constructed a house i.e ground + 1 out of my father salary and my salary. My father was expired in the year 1999 and my mother myself with my wife my 2 kids living in the same house and I am having 4 sisters my mother is very affaectionate and love on my last 4th sister and without informing myself I am only one son and other 3 sisters my 4th sister managed my mother and executed gift settlement deed on her name as single person in the year 2010 and kept silent. In the year 2013 mother was expired. after my mother demise I letout the house, after one year in july 2014 she directly went to police station and shown the deed to police given oral complaint and the SI sent one police constable and threatned the tenants to vacate the house or come to police station the tenants were afraid and called me then I went to police station and met the CI and explained every thing and also asked him that not to involve in our family matters if any thing is there ask my sister to go to court then the CI kept quite.
Now what shall I do shall I go to court for stay order or challenging her gift deed or wait for let my sister go to court. my other 3 sisters were shocked to see the gift deed that to executed in the year 2010 how cheated all of us. Are we have right on the property and also there are fixed deposits and gold and silver all the valuables are with my 4th sister
pl.advise.
1 Reply
Dear,
Since it was your father’s self acquired property and the same has been registered in you mother name which gives your mother a full right to dispose of her property the way she wants. But so far as the gift deed is concerned for that I think you should immediately file a suit cancellation of the gift deed on the ground that the same has been made without everyone’s knowledge and the same has been obtained by undue influence or other intimating factors whatever would apply to your case.
There is one more point which goes in your favor is that the gift is immediate transferable and since the gift was made in 2010, your 4th sister then why did not she got the same transferred in her name immediately.
Rest your counsel do the needful, who will contest the case for you, but the decision immediately.
Advocate Kapil Chandna
9899011450