Advocate Nitin Ratnakar Shinde

Questions Answered by Advocate Nitin Ratnakar Shinde

Q: Procedure of transfer of ST property to general category individuaL

Hello Experts, Please advice.. My mother belonged to ST (Scheduled Tribe) but my father was a General category (both of them died long back). We belong to Jharkhand state. I have land plots in the name of my mother which are still in mother's name. How can I get those transferred to my name,as the Tribal laws of state don't allow transfer of Tribal properties to General category.

Advocate Nitin Ratnakar Shinde answered
First u give application as legal heir (कानुनी वारिस) for this u go to the court for taking heirship certificate because u r the legitimate son of ur mother and u have legal right of property according to Hindu law

Q: How to revoke gift deed, as applied to safeguard from my divorce?

Hi, In short, I had applied for a Gift Deed to give in good faith for my Mother and Brother as I was going through a divorce and safeguard myself from the case. Surprisingly now my Mother and Brother have betrayed me and are asking me to leave the house and find a place outside. I had a 1Bhk flat and I sold it so my mother sold our parental flat and I sold my flat so that we could buy a bigger and better living apartment, I live and work overseas so I thought my Mom and brother have a good living. But the tables have just reversed, to safeguard from my divorce I did the Gift Deed and now my own Mother and Brother are betraying me and kept me helpless where they have complete rights and I don't, I'm not asking anything I just want to revoke my Gift Deed and get my rights back as it was before I got married. Please help me get my rights back.

Advocate Nitin Ratnakar Shinde answered
1) According to law of gift deed cannot be unilaterally revoked.2) To revoke the gift deed you must go to court and seek the cancellation of the deed. There is no other legal recourse available to you