I seek your help in a property dispute

959 votes

If the gift deed by your father is registered and attested by two witnesses then after his death you do not have to worry about any person claiming that property. You will now be the owner of that property. It is true that your brother can file a case against you but he will most likely lose it. If your gift deed is properly registered according to law then most likely the court will not order the rents to be submitted in the court. But you will need a good lawyer to prove that your brother has no case against you. In order to be more safe you should get the rent receipts from the property in your own name since you are the owner of the property by virtue of the gift deed. This will help the court in coming to the conclusion that you have when the owner of the property before and continue to be so because of the gift deed.

As for the second property, in my opinion you should get another gift deed while your father is alive. I say so because in case of the wale whether registered or not if your brother goes to court then you will have to get the probate of that will from the probate court. In this case until you have the probate from the probate court the property will not be called you Aus and in this case the court main order the rents from such property to be deposited in the court in the case is over. Your brother will try to prove that the will is fake. This is also true in the case of gift deed but if you have other evidences like rent receipts in your name or possession of the property it will help the court to determine that you are the owner of the property because of that gifted as explained above. However in case of the wale The Possession will not matter. What will matter is only weather the wale is authentic or fake and if it is authentic in whose name has it been written.

Advocate Nikhil Sabharwal LawRato

636 votes

Gift deed will hold good in your case, since it is a registered document. Your brother cannot claim ownership over the property if the gift of such immovable has been made eclusively in your favour. A will need not necessarily be made in your case. Need more facts to comment further.

Advocate S Shiva LawRato

752 votes

As you have mentioned that your father made it gift deed in your favour in this regard now the owner of the property is you not your father that's why he cannot be entitled as owner of the property but you cannot stop him to file any Suit against you it is the other matter that he will not get desirable relief from Court of Justice

Advocate Siddharth Dev LawRato