Want the help of the experts .
hitesh s savlani
(Querist) 14 September 2014
This query is : Resolved
hello experts
my quetion is that A is my grand father he has purchased the land and he divided into his 3 sons and his wife ,mean while he was dead without any will ,and after his dead my grandmother has gifited to his younger son ,in this sutation what to ,since she has not taken any consent of his other son can this gift be cancalled
because she had been given this property by her husband,and younger brother is not ready to divide it ,and now she is dead.what to do in this suation sir plz help me out
Laxmi Kant Joshi
(Expert) 14 September 2014
If the property is still in your grandfathers name then the gift deed made by your grandmother for the whole property is invalid and can challenged in the court, after the death of your grandfather his whole property will equally distribute among you four legal heirs you all are entitled 1/4 share each in the property, your grandmother can gift her share I.e . 1/4 only .
ABDUL RAZIQUE
(Expert) 14 September 2014
Agree with expert L.K.Joshi.
Dr J C Vashista
(Expert) 15 September 2014
In the context of query I respectfully disagree with the experts wherein GF purchased x property became his self- acquired therefore, he was competent to dispose it off as he desired. GF devided and gave one share to his wife i.e., GM, accordingly that share of GM was her self- acquired and she had all her rights, title and itnerest in the share. She i.e., GM being absolute owner was competent to gift it to either/all of her sons, without consulting/consent from her sons, which she gifted to the youngest. The youngest son was the sole title holder of the share of his mother, the GM.
None else can have it without permission of donee i.e., youngest son to deceased mother (GM).
ajay sethi
(Expert) 15 September 2014
was deed of family settlement duly stamped and registered please clarify
Rajendra K Goyal
(Expert) 15 September 2014
How the GF gave portion to each, by registered deed or otherwise?
All the documents need to be referred, consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
As the author remained silent to all the doubts raised by experts, I endorse and go by the views and opinion expressed by expert Dr. Vashista.
Dr J C Vashista
(Expert) 21 September 2014
Thank you Mr. T. Kalaiselvan for endorsing my opinion.
