gift deed

sunil (Querist) 13 September 2009 This query is : Resolved
client name:radha

i am from andhra pradesh my father purchased 2acr of land in his name in late 1970,he died in 1982,he didnot made any will,he had one son and one daughter(married in 1978),after that his son(my brother) wrote(on stamp paper) 10 cents of land to me(sister)and i sold this 10 cent to some other,my brother also registered 35 cents of land to others with out my sign ,now the case is in court for partition

1)son(died)--his legal heirs(wife,daughter)claimed that his husband/father given a gift deed to his marrid sister so they dont have any right on this property
and also a patta passbook is our name(wife)

my doubts
-->writing on stamp paper is a valid gift deed to me?
-->what r the transaction made by son is valid or not?
-->is siter has any right asking share on the property?
-->how the property distributed among them?riven

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Raj Kumar Makkad (Expert) 13 September 2009
You have not mentioned about your mother whether she is alive or dead and if dead when did she expire before or after your father? Anyhow I presume that she had expired prior to death of your father. In that situation as per Hindu Succession Act, after the death of your father you became owner to the extent of 1/4th share in the entire land and unregistered gift on mere stamp paper is not a valid documents giving right of gift in your favour. You have 1/4 share in the land, which cannot be taken back even if your brother had sold some of land out of his share.riven