Grand mother gifted property to only one son
Jagadish
(Querist) 10 April 2017
This query is : Resolved
Dear Sirs,
My father and grand father together purchased a Property in the name of my grand mother during 1986
My grand father died on 2000
My grand mother having two Son and gifted Property to only one SON before she die and not given any share to my father ( elder son )
My grand mother died on 2016
Has grand mother rightly gifted the property to only one son ?
Note - Grand mother is a illiterate and her younger son also illiterate and mentally challenged. Those are dependent of my father and grand father.
Grand mother and her younger son didn't earned money by their own or any proof for contribution of the property purchase
Now my father and grand father doesn't have any proof of contribution for the purchased property
Please guide Expert with relevant text
Regards,
Jagadish
Guest
(Expert) 10 April 2017
With a clear title deed in the name of your grandmother, she was well within her right to dispose of her property in any manner she liked. So, if gift made willfully, that is valid. Unless proved gift having been made under pressure, your father's claim won't stand legally.
Jagadish
(Querist) 10 April 2017
Thank you so much.. She was in pressure from her younger grand son ( her second sons son ). Is there any way to prove that she made that gift under pressure. Perhaps my father was not aware this incident and they didn't informed us when she was hospitalized before her death.
Property gifted on 2014 and death on 2016
Guest
(Expert) 10 April 2017
Get all the property related documents examined by some local lawyer, as these are necessary to be examined along with detailed discussions by you.
kavksatyanarayana
(Expert) 10 April 2017
Agreed with the advise of Mr.Dhingra sir. However I think there is no possibility to your father to claim as it it herself acquired.
Guest
(Expert) 11 April 2017
Dear KAVK Satyanarayana,
Thanks for agreeing with me.
Rajendra K Goyal
(Expert) 11 April 2017
You asked:
Has grand mother rightly gifted the property to only one son ?
Reply:
Your Grand mother had right to sell / gift / mortgage / bequeath a will for her property which was in her name.
R.K Nanda
(Expert) 11 April 2017
nothing more to add.
Jagadish
(Querist) 12 April 2017
Thank you for your response, Found few more information from my father
My father registered a case and notice has been issued through court to make sure and avoid misuse of property registration. But grand mother made gift deed and registered to her second son after 10 days of notice recevied, I hope she did that forcefully by her second grand son pressure and video cd has been made during registration saying that gifted with love willfully and without any force or pressure
Is my father still has any hold ?
Please advice before reaching out to local lawyer
Jagadish
(Querist) 13 April 2017
Please suggest
Guest
(Expert) 13 April 2017
Take help of some local lawyer by getting the case related documents examined by her. Hit and trial on partial facts that too the facts in piece meals may not help you in any way.
