Gift Deed of Shop by my mother without consent of sister
Dear Sir,
We have a shop in Mumbai which was originally brought by father in the name of my mother.
8 years back she handed over the keys to my sister's husband for him to keep his goods there as he did not have any space of his own to keep them.
NO written document was made/ No Leave and license agreement was made, it was given on basis of pure humanity. However my mother had said she is thinking of giving it to my sister.
All these years light bill and society's maintenance bill is being paid by me as I am looking after my mother.
Now, in the course of 8 years we have developed bitter relations with their family.
When she is asking for keys, they have refused to hand over the keys and instead have put their own locks there.
My mother is very old. She has offered to transfer the shop to me by a "Registered gift deed". Can this be done? Can my sister later file a case/challenge the gift deed?
Would I be able to take possession of shop, by breaking his locks after gift deed is done?
Please suggest and advice on the same. I am very disturbed at the turn of events..
Asked 11 years ago in Civil Law
Dear Mr. Ajay,
Thanks Alot for your prompt response. I really appreciate it.
Just wanted a piece of advice from you regarding solution you have provided.
My mother has already asked my sister to give keys to me. When I went at her place to collect them, they refused to hand the over and said they wouldn't hand them to my mother also.
My mother is of 85 years and has asked me to handle the issue, so she wont file eviction suit. However she has already made a will on my favor.
My only point of contention is, after the property is transferred to me via gift deed (by paying stamp duty and registering it)
1. Will I be legally allowed to take possession of the shop by removing their locks and putting mine.
2. Can they file a police complaint against me once i break/change locks as shop still has their goods inside.
3. Can they challenge the gift deed in near future and I will be embroiled in legal issues.?
Just for the record:
1. My mother is in sound mind and can read as well as sign.
2. When my mother gave the shop to them for using, no paper work was done (leave n license, etc). Maintenance and light bill was paid by me all these years.
Asked 11 years ago