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Property Ownership Transfer and Preemptive Mitigation of Potential Disputes
Question
Dear Counsel,I hope this message finds you well. I am writing to you concerning a property situation that involves my mother, my siblings, and myself.The property in question was originally in the possession of my grandmother, who has since transferred ownership to my mother through a Gift Deed. Now, my mother wishes to register the property in my name, and I, being a Canadian Citizen with Overseas Citizenship of India (OCI), intend to build a home on this property.Given this scenario, my query revolves around potential issues of ownership that may arise in the future, specifically with regards to my brother and sister. I am seeking professional guidance to foresee and preemptively address any future disputes, in order to ensure a smooth and unencumbered transfer of ownership.Understanding the intricacies of property law, I am particularly interested in understanding the possible legal claims my siblings might have to the property, despite it being a gift from my mother. More importantly, I want to establish a plan that prevents any potential claims, thereby safeguarding my ownership and right to build on the property.I kindly request you to advise me on the steps to be undertaken, or any legal documents that need to be executed, to ensure that this property transfer and future construction are completed without any interference or legal challenges from my siblings or any other potential claimants.I appreciate your attention to this matter, and look forward to your counsel on the same.
Answer ( 1 )
Firstly if the property has been transferred by way of a gift deed then we are assuming that it was a self acquired property and not ancestral property. further, if your mother intends to transfer the same to you in exclusion of other siblings then she can also make a registered gift deed in your favour and on the basis of the same you can construct. as regards tax implications, a CA would be able to guide you regarding the same. A gift deed once registered cannot be set aside by the court unless the donor and donee do it mutually by way of a court order. your siblings can file claims against you even if she sells the property to you and sale proceeds are shown, or a gift is made. One cannot stop anyone to not file a suit or a claim however chances of the judgment to come in their favour would be less.