Advocate Shabaaz Husain

Questions Answered by Advocate Shabaaz Husain

Q: Can the donor take back the gift deed in case of death of donee

If the daughter(donor) give the property as a gift deed to her father(donee),in case the expiry of donee,who will have the right on that property?, his daughter (donee) or all his sons and daughters if the father didnt write any will in favour of his sons or daughter's?

Advocate Shabaaz Husain answered
There are a few essential things to be satisfied for a gift to be valid. The gift should be made without consideration. It should be voluntarily given by the donor. It should be accepted by the donee during his lifetime. If all these conditions are satisfied, it will be a valid gift. Upon his death, the property would devolve to his heirs. If you are a hindu, it is to be equally divided among the children.

Q: Relative not vacating property or paying rent, what can be done?

Sir my father purchased a land 3acers he gave 50 cents to his brother rest 2.50 acers is in my name and my mothers which was transfered to my name after my dads death this uncle of mine tried to claim saying it is my brothers property you dont have any right after our cousin intervention it got soughted out we have house in the premisis he is running a tent in his property so he was using our office room he is now not vacating the property he has not payed any rent or any sought of amaluments till now kindly let us know what can be done we are planning to give a police complaint

Advocate Shabaaz Husain answered
The question of tenancy doesn't arise because there was no understanding to that effect. You will have to file a suit to file a injunction to restrain your uncle from entering your property hereafter. Police may not help in this regard.

Q: How to get khatha in mother's name

Dear Sir, My father got a free site from karnataka government (Ashraya Yojane) in 1994. He got (Hakku patra). We are paying property tax on every year till date. my father have expired in 2014. My father have two wives and he made Will and partial deed in 1998 saying division of the site to two wives(that was registered). Now we need to get khatha in our mothers name. Kindly help me on the above.

Advocate Shabaaz Husain answered
It is a proceedural thing. We can help you out. Not an issue. But before initiating anything, we ll have to see the papers of the property and the will you that you have mentioned. If the property is located in blore, contact me.

Q: How to prevent brother from claiming mothers self acquired property

I am Muslim.Myself and my mother purchased home worth 30 lakhs and registered in both of our names with 20 Lakhs home loan from my end and 10lakhs cash down payment from my mother and loan is paying from my bank account and my brother did not had job and now he is claiming my mother share and not allowing me to open a shop in Ground floor of my duplex home. Pls suggest.

Advocate Shabaaz Husain answered
Your brother has no right to stop of you from using the property as you wish. He has no right over the property.do as you feel. If the obstructing your usage of the propert, we can a get an order easily.

Q: How to obtain stay order over issue involving land

my grand father has sold our property in 1974 and which karnataka govt. gave to us that land in 1954 because we belong to Sc category. the buyer bought my land against the law and against to the tahasildar. we put a case against the buyer in 2002 at AC court but the case closed because we were very poor that time. now the case is reopened in DC court . but my land is ruling by buyer. i want to get stay order until it will be cleared. what to do ? help me sir.

Advocate Shabaaz Husain answered
There is no fixed formula for a stay order. It depends on the facts of the case and the papers involved. I will have to see all the papers and study the case history to advise you on this. Let me know if you need my help