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Gift deed
19-Sep-2023 (In Property Law)
My father died interstate My step sister stole the nominee money and sale deed to America now u and my mother mutated the house in our name after a police complaint now if i gift deed the house to my mother and take the house in my name after 12 years can my sister claim law of limitation come into effect or she can still harass us later. Stepsister is irrational. i want to try prevent future litigation
I. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:
Rule 1. - The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2. - The surviving sons and daughters and the mother of the intestate shall each take one share.
This being the case, your step sister has a share in the property.
Police have no role to play here except to record and make an FIR against your step sister on grounds of ‘act of theft’. Remember, this is a civil matter.
You cannot mutate the house just in your name and your mother’s name without providing step sister’s share in the property. This being so, your plans to gift the house to your mother and next, register it in your name will only increase the complications. Your step sister can always insist for her share of property.
II. If it is a self acquired property of your father, then, all the three of you have equal share in the property.
Dr Gubbi, Counselor & Advocate, Bangalore
Rule 1. - The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2. - The surviving sons and daughters and the mother of the intestate shall each take one share.
This being the case, your step sister has a share in the property.
Police have no role to play here except to record and make an FIR against your step sister on grounds of ‘act of theft’. Remember, this is a civil matter.
You cannot mutate the house just in your name and your mother’s name without providing step sister’s share in the property. This being so, your plans to gift the house to your mother and next, register it in your name will only increase the complications. Your step sister can always insist for her share of property.
II. If it is a self acquired property of your father, then, all the three of you have equal share in the property.
Dr Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
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