property problem
3 years ago
my father died long back and all the propertiies are in his name my elder sister has taken a site as gift deed from my mother without our 4 children knowledge and e khata has not been made on my mothers name now my elder sister has started to build house in that site what can be done to stop the construction and whether it is legally ok to take some property as gift deed without e khata..? and we hav objection we want equal share so can we go legallly and file a case?
Tanmoy Chattopadhyay
Responded 3 years ago
A.Presuming you belong to the dayabhaga school of hindu law then if your father's property is his self acquired property and he died interstate then the following follows:
Your mother and your siblings got one share each (1/5) of total share. Your mother presuming gifted her share to your elder sister is in her right to gift her but without a partition the share is on undivided portion and therefore your elder sister cannot seek to construct anything on that property without first getting it partitioned,
Presuming your sister has not partitioned the property by either consent or decree you can file a case for partition and injunction meanwhile to prevent your sister from getting the construction accomplished and making it fate accompli.
As far as the gift deed is concerned if that is not registered then its not a valid gift deed. Even if registered if it relates to future property ie the gift deed being executed before your fathers death it would make it equally void as well as deed executed otherwise than by free consent of parties. especially the donor. #civil #freelegaladviceoncivil
Your mother and your siblings got one share each (1/5) of total share. Your mother presuming gifted her share to your elder sister is in her right to gift her but without a partition the share is on undivided portion and therefore your elder sister cannot seek to construct anything on that property without first getting it partitioned,
Presuming your sister has not partitioned the property by either consent or decree you can file a case for partition and injunction meanwhile to prevent your sister from getting the construction accomplished and making it fate accompli.
As far as the gift deed is concerned if that is not registered then its not a valid gift deed. Even if registered if it relates to future property ie the gift deed being executed before your fathers death it would make it equally void as well as deed executed otherwise than by free consent of parties. especially the donor. #civil #freelegaladviceoncivil
Helpful
Helpful
Share
A.If the property was in your father's name then you can stop her construction immediately by filing a injunction suit and file a suit for partition.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi
a gift deed can be canceled if it proved in the court that it was executed by fraud or misrepresentation. Once the property is released from their ownership, equal shares could be claimed over the property by the siblings.
Thank You
If you found this helpful, do rate us.
a gift deed can be canceled if it proved in the court that it was executed by fraud or misrepresentation. Once the property is released from their ownership, equal shares could be claimed over the property by the siblings.
Thank You
If you found this helpful, do rate us.
Helpful
Helpful
Share
A.Hi,
A gift deed cannot be canceled unless the donee has obtained the same through either fraud, coercion, misrepresentation, or undue influence from the donor. So, if you get success in proving the same in the court, it will be canceled, and then the property will be shared equally between all the legal heirs.
Thank You
If you found this helpful, do rate us.
A gift deed cannot be canceled unless the donee has obtained the same through either fraud, coercion, misrepresentation, or undue influence from the donor. So, if you get success in proving the same in the court, it will be canceled, and then the property will be shared equally between all the legal heirs.
Thank You
If you found this helpful, do rate us.
Helpful
Helpful
Share
Vaidehi Samant
Responded 3 years ago
A.If the gift deed is not registered than it is invalid. If the gift deed is registered document than you will have to file a civil suit to get the gift deed cancelled and thereafter file a partition suit in respect of the equal share of the land.
If you found this advice helpful then please provide review and give*****. Thank you.
If you found this advice helpful then please provide review and give*****. Thank you.
Helpful
Helpful
Share
Read Related Answers
Property joint way issue
Dear Client,
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
Varsai & will
Dear Client,
The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...
Sale deed mentions that roof has ownership to owner(builder) not flat owner
Dear Client,
as per RERA guidelines Roofs, staircases, elevators, lobbies, fire exits and common entrances of the buildings are broadly categorised as ‘Common Areas and Facilities’ under Section 2(n)...
Property Transfer
Dear sir,
You have to file civil suit to get relief. Without going to civil court you may not get any relief.
Gift deed
Dear sir,
It cannot be registered after the death of donor. But in case of Will it can be registered after the death of bequeather.
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
