Gift deed from father to son
4members FAMILY ( husband, WIFE, son and younger daughter )
after my mother's death, entire property was in mother's name,
sON, i got it transferred( registered) to my name, through release deed, they both father and younger sister have signed together on same deed,
now they want to claim, is their any option of father and sister, reclaiming the property,
now i want to transfer property ( gift deed) to my wife's name,
after this also can they claim,
Q. Family of four, property in mother's name. one her demise both father & sister executed release deed. Now asking for share back.
Answer: 1. Not clear whether it was mother's self acquired property or from ancestral or purchased by husband in wife name.
2. father & sister executed release deed after mother death, after how many months.
3. How many years passed since execution of released deed, very crucial question to understand Limitation period.
4. Once can file case for cancellation of that documents on various grounds.
5. It's not advisable to transfer the said property in wife name or transfer in anyone else name as that will amount to color-able transaction.
6. we recommend to file caveat before appropriate court as per jurisdiction.
for further guidance may approach a lawyer in person with all papers
Advocate Shilpa SharadRMV Extension, Bangalore
If your father and sister are able to establish that you had obtained release deed from them fraudulently in your name, then there are chances of their reclaiming the property. You may gift the property to your wife now by means of a gift deed but it would not sustain if your father and sister prove that the release deed is not executed by them or they had to execute the same under threat or coerce.
Raghavendra Rao B.K.Malleshwaram, Bangalore
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