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My grandmother house and shed part gifted to A(Aunt),B(me) and C(big father’s son) in 2004. I am B. House consist of Part A + B and shed consist of Part C(now he built house). C was residing in ground floor of part A+B. I removed him after long battle of civil suit for eviction. Finally C made compromise and when to his side part C. We made a MOU in court that he got money n vacating the house in Feb 2018 and no further claim and the whole house is in my possession.
Now part A my Aunt gifted to C without my knowledge in Feb 2019
Please note: my Aunty never in possession r she never accepted her gift. It was always in my possession n she’s living in aboard for more than 40 yrs.
My question is
1) How to make cancel r invaild that gift deed registrated without my knowledge?
2) how can I safe guard myself because I don’t want to sell that house. It was my grandmother’s house.
But my Aunty wanted to sell that house and get her share. So she s doing indirectly by gifting to him. She’s making litigation again in my peaceful possession. Yet I’m ready to settle her also.
3) she didn’t have possession of her gift part A
How can she do gift deed by says she pays taxes n all dues which is absolutely false.
4) whether she has rights over her side or not because she didn’t accept her part A till now between my grandmother died in 2013.
5) what are the problems I am going to face from them.
Kindly please give your opinion on this.
Thank you in advance
Kind regards
Dear Sir,
You may approach Civil Court seeking cancellation of the said invalid Gift Deed or part of it.
Dear Sir,
My answers are as follows:
1) How to make cancel r invaild that gift deed registrated without my knowledge?
Ans: A gift made without possession is invalid and since your aunty residing abroad cannot gift away a property which is in your possession and you have perfected your title by way of adverse possession by staying there for more than prescribed period of twelve years.
2) how can I safe guard myself because I don't want to sell that house. It was my grandmother's house. But my Aunty wanted to sell that house and get her share. So she s doing indirectly by gifting to him. She's making litigation again in my peaceful possession. Yet I'm ready to settle her also.
Ans: First try to get change the property in your name on the available records if possible. Or you may file a civil suit and get a decree and get the Katha changed in your name.
3) she didn't have possession of her gift part A How can she do gift deed by says she pays taxes n all dues which is absolutely false.
Ans: Produce all the tax paid receipts before the Court and get injunction order.
4) whether she has rights over her side or not because she didn't accept her part A till now between my grandmother died in 2013.
Ans: When gift is not accepted physically, it will be treated as invalid gift.
5) what are the problems I am going to face from them. Kindly please give your opinion on this. Thank you in advance Kind regards
Ans: You will face no problems if you fail a suit for injunction and restrain them from disturbing your settled possession without recourse to the Law.
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