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Author Topic: My legal right in case deed of gift by my mother  (Read 1069 times)

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Offline tapasin

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My legal right in case deed of gift by my mother
« on: August 02, 2014, 07:06:27 AM »
We reside in Kolkata. We are two children of our parent. Me and my sister. My father passed away in 1979. My mother is still alive. I left the home with my family in 1993 and started residing in my own flat. In 1998, my mother did a registered “deed of gift” of our property (house with few kattahs of land) to my sister. They did not inform me about this deed of gift. Now I came to know that the “deed of gift” was unconditional and was done with sole intention of my mother. I asked my mother why have you done that. She said that her daughter always took care of her and she did it out of blessing to her. If she says like that I have nothing to do as I also feel I’ve never took care of my mother since the time I left home.

Actually it was a WB Govt. provided land. After my father died in 1979, my mother became the property owner. WB Govt. has supplied the final ownership deed in the name of my mother in 1988.

I also came to know that my sister is selling the house and she has the "parcha" of the property in her name.

How can I get back my portion of property being a legal heir? What is my legal right in this case? Can I do a case and win to get back my property? Please advice me what positive legal step can I take? Please advise.

Offline advmisthi

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Re: My legal right in case deed of gift by my mother
« Reply #1 on: August 02, 2014, 09:56:41 AM »
The property was in your mother's name that she gifted to her daughter.

where is the scope of your legal right here
Adv.Misthi Mukherjee
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Offline tapasin

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Re: My legal right in case deed of gift by my mother
« Reply #2 on: August 03, 2014, 12:20:45 PM »
My mother nor even my sister have inform me before they did the "deed of gift" between themselves. They cheated me. The property was not bought by my father. The land was given to my father by WB Govt. on lease as we he with his family came from Bangladesh as refugee. Later he built a building in it.

If I came to know about this "gift deed", they need to take "No Objection" from me to go ahead with this gift deed. Is n't it an intentional crime done by them? Can't I sue them on this ground? Please advise.

Offline advsarmaroy

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Re: My legal right in case deed of gift by my mother
« Reply #3 on: August 03, 2014, 06:13:58 PM »
you can challenge the gift deed's validity, but to prove the delay would be an uphill task.

If the delay is condone than only can this case go further.
Advocate Sarmaroy
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