Legal Question in Real Estate Law in India

My father's parents gave a property to him as alms. We had no legal papers or the copy of it stating that they gave to my father except the tax bills paid in my father's name. When they wrote it to my father the only witness was my mother's father who also expired 2 yrs back.. Now they say that they took back the property that they gave as 'alms' and they physically and mentally torture our tenants staying in the upper portion and my brother and his wife staying down.My question is that can the property given as 'alms' be taken back? Can they enjoy ownership on the property they gave? And actually it was my parents who brought that house 25 years back but wrote on my father's mother's name.We have no other documents except the letters they wrote my parents before and after receiving the money...Please advise legally.

Asked on 6/11/11, 7:51 am

Shrichand Nahar S.V.Nahar, Advocate

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What is given as alms?

There can not be any transfer of immovable property without a registered instrument. One of the exceptions is Hiba or Gift by a Muslim.

Answered on 6/11/11, 10:40 pm

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