Mazipatta land contructed house 1991
5 months ago
A two portioned house with three rooms each was constructed by us me my younger brother and our widowed mother as we three Co ntributed money as I was transferred to other place .my younger brother who became sick prayed me to donate entire property on his name we my self my wife and my son signed unfortunately he is expired now iamretired want to back to our place can ask for our portion the house built with my wife's name tax was also paid with her name only Please advise can we get it back
A.Dear Client,
Once you donated a property to your brother by way of Gift, it cannot be revoked. However, it can be challenged in court on the grounds of fraud or coercion. The disadvantage of a Gift Deed is once a gift deed is executed, it is irrevocable, which means that the donor cannot change their mind and take back the gift property unless it is challenged before the Court. So, the instrument through which the entire property of your deceased father is transferred to your brother may be challenged before the Court by filing a civil suit praying for cancellation of the said instrument/document vide which the entire property was transferred by default in favour of your brother. If the transfer of property is made through a Deed of Gift, then as per the provision of Section 126 of the Transfer of Property Act, 1882, the donor (your mother) might cancel the Deed of Gift if the donor’s assent is acquired by force, fraud, undue influence, or deception. The donor has three years from the day when the facts were discovered to cancel the said deed by filing a civil suit. So, reach out to an Advocate experienced in civil matters for guidance and steps.
Once you donated a property to your brother by way of Gift, it cannot be revoked. However, it can be challenged in court on the grounds of fraud or coercion. The disadvantage of a Gift Deed is once a gift deed is executed, it is irrevocable, which means that the donor cannot change their mind and take back the gift property unless it is challenged before the Court. So, the instrument through which the entire property of your deceased father is transferred to your brother may be challenged before the Court by filing a civil suit praying for cancellation of the said instrument/document vide which the entire property was transferred by default in favour of your brother. If the transfer of property is made through a Deed of Gift, then as per the provision of Section 126 of the Transfer of Property Act, 1882, the donor (your mother) might cancel the Deed of Gift if the donor’s assent is acquired by force, fraud, undue influence, or deception. The donor has three years from the day when the facts were discovered to cancel the said deed by filing a civil suit. So, reach out to an Advocate experienced in civil matters for guidance and steps.
Helpful
Helpful
Share
A.Dear client
Donating property involves transferring ownership rights. If the property was legally donated to your younger brother and the necessary legal procedures were followed, it might impact your ability to claim ownership now. Review any legal documents related to the donation. Check if there are specific terms and conditions mentioned regarding ownership rights and whether there are any provisions for reverting the property back in certain circumstances. In the event of the passing of your younger brother, succession laws may come into play. These laws determine how property is distributed in the absence of a will. Consult with a lawyer to understand how succession laws in your jurisdiction might affect the distribution of the property. While property tax payments may have been made in your wife's name, it's essential to understand the legal ownership of the property. Property tax payments alone may not establish ownership rights.
Donating property involves transferring ownership rights. If the property was legally donated to your younger brother and the necessary legal procedures were followed, it might impact your ability to claim ownership now. Review any legal documents related to the donation. Check if there are specific terms and conditions mentioned regarding ownership rights and whether there are any provisions for reverting the property back in certain circumstances. In the event of the passing of your younger brother, succession laws may come into play. These laws determine how property is distributed in the absence of a will. Consult with a lawyer to understand how succession laws in your jurisdiction might affect the distribution of the property. While property tax payments may have been made in your wife's name, it's essential to understand the legal ownership of the property. Property tax payments alone may not establish ownership rights.
Helpful
Helpful
Share
Read Related Answers
Asking For RTI
Dear Client,
Each public authority must designate a PIO at every administrative unit or office under it to provide information to citizens under the RTI. The process of designating such officers is o...
Mental Harrasment by professor
Dear Client,
you can file a criminal complaint against the teacher for defamation under sec 499 and 500 IPC as last resort . complaint to the management authority of the institution is a viable step
Inquiry for RTI act 2005
Dear Sir,
You must first apply to the local town committee and if your application is rejected it will disclose the next Appellate Authority to whom you have to approach for getting remedy.
Notice pay amount and reliving letter
Dear sir,
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-2975...
Smt Deepti Ravi Heblekar
Dear Client,
since it is purchased under his name as a self acquired property, there will not be any charges since it is his power alone to dispose off or alienate or gift the property to whomever he...
Read Blogs on Administrative Law
Administrative Law Lawyers
Find Lawyers by Location
