Hi, We Hindu family. my mother was purchased the site in 1999 on her name and she is house wife. 7 years back my father passed away after that me n my younger brother made partition deed of my father property. now as I m taking care of my mother she wants to gift deed to me or my wife ( daughter in law). but my younger brother saying if mother do gift deed to me or my wife, he will put case in court to claim the property as father also did gave money to purchase the property. so which is better way , can she gift deed to me or my wife ( her daughter in law) to avoid my brother above statement?
The property is in the name of your mother which makes her the sole and only owner of the said property and being owner she can give away her property to anyone whom she wishes to give.
So, if your mother makes a gift deed of the said property in your and your wife's name, your brother can not challenge it reason being your mother it is the sole owner of that property.
but my younger brother stating that he will file case to court claiming that to purchase that site, father also contributed some money in this case ?
It will make no difference, whoever had contributed the money at the time of purchase of property. The important thing is under whose name the property is registered and since it is registered in your mother's name, she is the absolute owner of that property and can give it to anyone whom she wishes.
Moreover, since it is a property dispute no criminal complaint can be filed to get that property.
Thank you sir for the suggestions . after the gift deed we are planning to construct the home. I hope no issues right from my brother.
You're welcome. Best wishes to you.
Note- Do remember to get your gift deed duly registered.
What is source of funds for buying the property in mother name
2) if father had made some contribution then your brother can claim property was bought in mother name for benefit of joint family seek orders to set aside gift deed executed by mother in your name or wife name
It depends upon facts of each case
what is source of funds to buy property in mother name
Do you have documentary evidence that property was purchased out of mother own funds
if so mother can execute gift deed in your name
She need to give everyone share if the property is not self acquired and had father share in it. She can gift it to one of you
1. Let your mother execute a registered Gift Deed in your favour in the jurisdictional Sub Registrar's Office mentioning clearly in the deed that you and your wife are taking care of her during the evening of her life.
2. Subsequent to this even if your brother files a case in the Court it may not stand due to the reasons narrated in the Gift Deed, which will be self-explanatory.
Hello,
If the property that your mother is desirous of transferring to you or your wife by a registered gift deed is her self acquired property, then she can very well do so without getting scared about the threats posed by your sister in this regard.
If your brother is threatening to file a case then ask him to proceed because it will not be maintainable or tenable in law.
Let him proceed.
The property was bought on your mother's name by a registered sale deed, hence as per law she becomes the absolute owner with clear and marketable tittle to the property.
The burden to prove that your father funded for the purchase of this property lies on him.
Besides even presuming your father had funded for purchase of this proeprty, it was intention to give away the proeprty to your mother out of his love and affection to her, hence no case that he may file will be tenable in law
Let him proceed.
The property was bought on your mother's name by a registered sale deed, hence as per law she becomes the absolute owner with clear and marketable tittle to the property.
The burden to prove that your father funded for the purchase of this property lies on him.
Besides even presuming your father had funded for purchase of this proeprty, it was intention to give away the proeprty to your mother out of his love and affection to her, hence no case that he may file will be tenable in law
Let him proceed.
The property was bought on your mother's name by a registered sale deed, hence as per law she becomes the absolute owner with clear and marketable tittle to the property.
The burden to prove that your father funded for the purchase of this property lies on him.
Besides even presuming your father had funded for purchase of this proeprty, it was intention to give away the proeprty to your mother out of his love and affection to her, hence no case that he may file will be tenable in law
Your brother cannot create any problems at the time of construction.
If he does yo may file a suit for injunction to restrain him from interfering in your peaceful possession and enjoyment of the same
Dear Client,
In situations involving property and family relations, it’s crucial to handle matters delicately and in accordance with the law. Here’s some general information that might help guide you:
Gift Deed Considerations: A gift deed is a legal instrument used to transfer property voluntarily without compensation. In India, the Transfer of Property Act, 1882, governs the process of gifting property. The donor must be solvent and should not use the gift deed as a tool for tax evasion or illegal gains. Once a gift deed is registered, it signifies the change in ownership and is generally irrevocable.
Partition Deed and Inheritance: Your mother’s property, if purchased solely by her and not inherited or acquired from your father, is typically considered her self-acquired property. She has the right to gift it to anyone she chooses. However, if your brother claims that your father contributed financially to the purchase of the property, he might challenge the gift deed by asserting that the property should be considered part of your father’s estate and, therefore, subject to inheritance laws.
Avoiding Disputes: To avoid potential disputes, it’s advisable to have clear documentation proving that the property was indeed purchased by your mother with her own funds, if that’s the case. If your father did contribute, it might be prudent to reach a family settlement that acknowledges your brother’s concerns and seeks an amicable resolution.
Tax Implications: Regarding taxation, if the property is gifted to you or your wife, the donee may be liable to pay taxes based on the market value of the property, as per the Income Tax Act. It’s important to consult with a tax advisor to understand the implications fully.
Legal Advice: Given the complexity of property laws and the potential for familial conflict, it’s highly recommended to seek legal advice from a property lawyer who can provide personalised guidance based on all the facts of your case. A lawyer can help ensure that any transfer of property is done legally and with consideration of all parties’ rights and obligations.
Remember, each situation is unique, and the above information is general in nature. Legal counsel can offer more specific guidance tailored to your circumstances.
- As per law, being the owner of the self acquired property , your mother has her right to transfer that property in your name by way of a registered gift deed.
- Further ,as your brother has already got his share in the property of father , then he cannot claim a share in the property of mother during her life time against her consent.
- Hence, your mother can registered gift deed in your name.
- Further , in case your said brother files a case , then he will have to prove before the court that the father had funded to purchase that property in your mothers name
Your younger brother has no right to file the case if mother was purchased this property and real owner of this property and she has right to decide that she sale or gift someone.
