Legal Question in Civil Rights Law in India
In 1973 my late father Purchased a shop in name of my mother. In the sale deed the occupation of my mother is Household. The funds to purchase the said shop were generated from Father-In-Law of my father and himself. After 2 year In 1975 my father started 2 firm, one on my mothers name and one as a partnership firm.
on 30-3-2009 My brother with fraud intation has transfered it to his name through a registered Gift deed . On 31-3-2009 the same said shop was alloted to my brothers share in an Unregistered Partition Deed. On 1-4-2009 he same said shop was alloted to my brothers share in a Registered Partition Deed and It is mentioned in the registered partition deed that the gift deed is not binding on me.
Now my brother in his written statement has stated that the said property is his exculsive property and self earned property as he has received it from his mother before Registered partition deed. And all the brothers and father has signed the partition deed knowing the fact. And no one can claim the said property.
Question
1. Can i challenge the Gift deed ?
2. What should i mention in my written statement?
3. Is the gift deed binding even after having a registered partition deed ?
4. Is the gift deed binding even after mentioning the facts in the registered partition deed ?
5. What is the provision in the law?
1 Answer from Attorneys
24.06.2013
Dear Sir / Madam,
1. Since the shop is in the name of your mother and she has signed the Gift Deed, you should first take up the matter of your share with your mother.
2. You should first discuss it out with your mother.
3. Since the Gift Deed has been done prior to the date of the Partition Deed, it supercedes the Partition Deed.
4. Yes.
5. The title of a property can be transferred to another person vide a stamped and registered Gift Deed.
Regards,
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