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Mother gifted land to brother can I get it cancelled
04-Jul-2023 (In Property Law)
My father was expired,mother is alive,both were employed1)my mother gifted a land to my brother which is on her name without telling me.can it be cancelled?it was bought by my father on her name.my bro says that this property was her own and can gift it to any body as she earned the property while she was employee.2) we bought land after my father expiry on the name of my mother and brother.now she gave up her right on that land. can it be cancelled? can i get share on this land also3) we have another land in my fathers name.can my mother write her share to me
SIR,
ANSWER TO YOUR FIRST QUESTION
In your case, the very important point is source of income. Whether it was your father's self acquired property or ancestral property or property purchased by your father with your mother's earnings?
In all the above three circumstances your stand will change.
In the given circumstances if the land is your fathers self acquired with out giving notice your mother can't gift the property to your brother, if it is registered. you can file the petition before civil court for cancellation of gift deed. But burden of proof lies up on you to prove the source of income and not having the knowledge of the gift deed.
If it is ancestral property your mother is not having any right to gift the property. If your father purchases this property by selling any of his ancestral property then this property will be considered as ancestral property.
If this land is purchased with your mother own earnings she can transfer that property according to her will. in this case burden of proof lies up on her that this land purchased with her own earnings.
ANSWER TO YOUR SECOND QUESTION
IN THIS case also the source of income and title flow of the property is very important. in any circumstances she can relinquish her right. you definitely get your share expect on only one circumstances i.e. if that land is purchased with your mothers own income she can give that property to any body at her own will.
ANSWER TO THIRD QUESTION
IN THIS case also first you determine the nature of the property. yes your mother can relinquish her right and can give it you.
ANSWER TO YOUR FIRST QUESTION
In your case, the very important point is source of income. Whether it was your father's self acquired property or ancestral property or property purchased by your father with your mother's earnings?
In all the above three circumstances your stand will change.
In the given circumstances if the land is your fathers self acquired with out giving notice your mother can't gift the property to your brother, if it is registered. you can file the petition before civil court for cancellation of gift deed. But burden of proof lies up on you to prove the source of income and not having the knowledge of the gift deed.
If it is ancestral property your mother is not having any right to gift the property. If your father purchases this property by selling any of his ancestral property then this property will be considered as ancestral property.
If this land is purchased with your mother own earnings she can transfer that property according to her will. in this case burden of proof lies up on her that this land purchased with her own earnings.
ANSWER TO YOUR SECOND QUESTION
IN THIS case also the source of income and title flow of the property is very important. in any circumstances she can relinquish her right. you definitely get your share expect on only one circumstances i.e. if that land is purchased with your mothers own income she can give that property to any body at her own will.
ANSWER TO THIRD QUESTION
IN THIS case also first you determine the nature of the property. yes your mother can relinquish her right and can give it you.
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Adv. Sree K Sivakumar
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Sir,
1. In the instance , as per law, the ownership of the property, would be, in whose name purchased is recognized and treated as owner of the property accordingly your mother will valid in law.
2.once gift is made and duly stamped and registered made by donor and accepted by donee the gift is complete. Gift Deed cannot be cancelled unless it is a conditional Gift,
________________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
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1. In the instance , as per law, the ownership of the property, would be, in whose name purchased is recognized and treated as owner of the property accordingly your mother will valid in law.
2.once gift is made and duly stamped and registered made by donor and accepted by donee the gift is complete. Gift Deed cannot be cancelled unless it is a conditional Gift,
________________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
Write A Review
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Adv. Krishna Murthy Pasupula
Hyderabad | 100+ Answers
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HI
1) If you are Hindu's the property in the name of a woman is her absolute property u/s14 of Hindu Succession Act.
2) The act is reproduced for your reference
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
3) So legally if your mother has gifted this property to your brother through a registered gift deed, then it is valid in eyes of law. if you want to contest the gift, then you can contest the same as having been effected under coercion, undue influence of your brother on your mother. For you to put forward these charges of coercion and undue influence you should have strong reasons to believe that coercion and undue influence exists.
4) The answer to your second question(land bought in the name of mother and brother) can be challenged only on grounds of coercion and undue influence. if you were a minor when the land was bought in the name of your mother and brother, then these can be claimed as valid grounds and the relinquishment by your mother of her rights can be challenged in the courts by you.
5) The answer to your third question, since your mother, your brother and you are the legal heirs, all three of you can enter in to a partition or settlement deed and get the property transferred in your name. your mother alone cannot transfer this property to you. you will need the consent of your mother and your brother to transfer this property in your name.
Hope this helps.
1) If you are Hindu's the property in the name of a woman is her absolute property u/s14 of Hindu Succession Act.
2) The act is reproduced for your reference
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
3) So legally if your mother has gifted this property to your brother through a registered gift deed, then it is valid in eyes of law. if you want to contest the gift, then you can contest the same as having been effected under coercion, undue influence of your brother on your mother. For you to put forward these charges of coercion and undue influence you should have strong reasons to believe that coercion and undue influence exists.
4) The answer to your second question(land bought in the name of mother and brother) can be challenged only on grounds of coercion and undue influence. if you were a minor when the land was bought in the name of your mother and brother, then these can be claimed as valid grounds and the relinquishment by your mother of her rights can be challenged in the courts by you.
5) The answer to your third question, since your mother, your brother and you are the legal heirs, all three of you can enter in to a partition or settlement deed and get the property transferred in your name. your mother alone cannot transfer this property to you. you will need the consent of your mother and your brother to transfer this property in your name.
Hope this helps.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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