Legal Question in Civil Rights Law in India

My father married two wife�s (my mother + my mother�s syster). Me and my younger brother are born to my mother. After our birth my mother died due to family problems. To take care of our future my father married my mother�s own sister. A girl was born to them. Since my father�s second wife is very close to us, she treated us as own sons and we treated them as own mother and own sister and no difference between us.

My younger brother is slight irresponsible in taking responsibilities of family from last 13 years. As a elder son of my family a did my sister�s marriage (in 2007) and taken care of her two deliveries (pregnencies) and helped in the form of money for her requirements (no records for that money).

My father owned a house (where we lived from our childhood onwards) which was purchased by his own earnings. My father gifted the property to me (the gift deed was also registered) and I have taken a home loan for construction of house, in the same only my parents are living now. I�m paying EMI�s also.

My doubts are as follows.

i) Is my sister eligible for any share even my father gifted his self acquired property to me.

ii) If my existing mother & sister went to civil court will they get any share. Till now my parents are in my care only.

iii) I settled my bother�s share giving some money and site beside of this issue. Even after that can my brother also go to court for his share.

Kindly clarify.


Asked on 2/15/14, 2:08 am

2 Answers from Attorneys

if the property is gifted to you then no one else can take the share..

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Answered on 2/15/14, 3:04 am
Fca Prashant Chavan Expert Edge LLP

15.02.2014

Dear Sir,

In view of the Gift Deed registered by your father in your name, the title of the property vests in your name, provided your father does not revoke it at any point of time.

Regards,

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Answered on 2/15/14, 3:54 am


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