Legal Question in Real Estate Law in Georgia

Hello,

My father, Muslim by religion, has three sons and one daughter. My father lives with his children in the same house for last 60 years or so. In 2015 (February), my father at the age of 92 has transferred and registered more than 50% of this house (the only residential house we have) through a "gift deed" to his youngest son (52), depriving other children from their lawful shares. The �Gift Deed� has been attested with two witnesses and got it registered at the local Sub-Registrar office. The remaining (about 48%) of the same house is still owned by my father, meaning the remaining of the house will be inherited by all of his children, including his youngest son again, after my Father dies. We are very much shocked and feeling deprived. Is there any law than can protect us? Is that "gift deed' be considered as a valid one? Can we go to court of law and fight against this?

Point to Note:

1. Originally, this property belonged to my grandfather, who died in 1984 leaving six sons including my father. That is my father has six siblings and through a "Partition deed (Bonton Nama)" among them, after the death of my grandfather, my father has been possessing this house.

2. My Father does not have any title deed /or RS Khotian under his name, nor this property had undergone �Mutation�.

3. He has just "Partition deed" among his brothers and got this house allotted to him. In other words, my father did not inherit this house from my grandfather through papers/deeds.

4. My father is still living in that portion of the house even after the Gift Deed has been registered in February, 2015.

5. My younger brother is not living/spending nights in that part of the house which has been transferred to him, rather he is still living in the other portion (48% part) of the house, where he has been living for last 25 years.

Please give me some helpful answers and show me the legal path to fight against that "gift deed". Do I have any scope to fight against my father�s "gift" transfer to his youngest son depriving others?

Also, please provide one or a couple of reference cases similar to us so that I can cite them in our case. I will appreciate your response. Thank you so much.


Asked on 9/14/15, 8:42 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

There is no possible way to tell you what is valid or not, without reviewing the actual documents. This is also not a free research service so you will need to go to the law library or hire a lawyer. That said, in Georgia, a person can generally transfer their real property to anyone they want and they can choose who gets it, or does not get it, upon death with an appropriate will.

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Answered on 9/14/15, 8:53 am


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