Gift property
prashant gotmare
(Querist) 10 December 2016
This query is : Resolved
My father has given his only ancestor property to me with a gift deed and registered in sub registrar office 2% stamp duty & Registration fee.But My query is, Can my sister claim for her share legal?
prashant gotmare
(Querist) 10 December 2016
My father has given his only ancestor property to me with a gift deed and registered in sub registrar office 2% stamp duty & Registration fee.But My query is, Can my sister claim for her share legal?
prashant gotmare
(Querist) 10 December 2016
My father has given his only ancestor property to me with a gift deed and registered in sub registrar office 2% stamp duty & Registration fee.But My query is, Can my sister claim for her share legal?
Kumar Doab
(Expert) 10 December 2016
It is believed that you are Hindu.
The property is ancestral or self acquired.
Confirm!
Rajendra K Goyal
(Expert) 10 December 2016
A property is ancestral if the Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.
How it was inherited by the father, whether any partition took place among his brothers.
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
Kumar Doab
(Expert) 10 December 2016
Also confirm:
Is your father alive.
The property is in which state.
Guest
(Expert) 10 December 2016
Good academic question!
dr g balakrishnan
(Expert) 10 December 2016
ancestral property falls under interstate succession, so none has power to gift the property to you as a son while you prove to be some greedy person like when yr sister has equal share, so your idea is indeed against principle of humanity when so how legal you think your idea of claim sir.
Rajendra K Goyal
(Expert) 10 December 2016
The author need to provide the information sought by the experts.
Kumar Doab
(Expert) 10 December 2016
Further response possible after author has clarified.
dr g balakrishnan
(Expert) 11 December 2016
i will say something else;
see in cm of TN ms. JJ's case, she left her property without a 'Will' (will is again subject to probate i[under testamentary jurisdiction - mean intestate claimants still have right over the property, after all JJ's properties might be having her mother's some element of property so also that of JJ's father's too, cannot be ruled out is the substance - even if very negligible value as on date but on the date the father's or mother's property could be some rupees then then that value if computed today value is admissibly high..); obviously is subject to Hindu succession Act.
That means, JJ's property is obviously litigable under litigation.
again, under the constitution the state's responsibility is to hand over to the right claimant, if it fails Constitutional court as custodian of constitution becomes custodian of the very property under Art 14 r/w Art 51A of the very constitution to rightly distribute the rightly derived properties to rightful claimants is the ;urport of the preamble of the Indian constitution, for sovereignty still lies in the very constitution and the very citizens , not in the State if the State fails in its obligations per se the Constitution of India...in that way i opined to a question which is as follows:
I agree with Mr. Raja Krishnamoorthy. I only add here that world appreciates any sensible person as 'sensible humans' are the brain trust of the world. That Indian need to display always, unlike politicians, generally, Politicians have an axe to grind, like see after JJ's demise very AIADMK is not taking cognizance of JJ's intestate legal heir to her property, you see that way that party failed in its very virtual duty to help JJ's heir to rightfully claim JJ's property as it is falling under 'intestate' succession', the claimant being JJ's own niece (blood brother's daughter) called Ms Deepa. If the State fails naturally the Madras high court need to take suo motu cognizance of the issue and after due process, the intestsate claimant need be handed over with her rightful property as it is Art 14 obligation being the fundamental right that need to be duly helped out under Art 51A - duties...of Part IVA of the very indian constitution as Judiciary is the custodian of the very constitution of india, if the state Executive fails; now it appears the state is obviously failing in spite of JJ's yeoman's service to the state; as its chief minister; I need today if ms .Sashikala wants to succeed as JJ's rep tobe general secretary of the party then it is her prime duty to permit ms Deepa, a niece of JJ legally gets her right to inherit under intestste succession ; if Ms Sashikala fails to perform this duty under Art 51A of the Constitution of India, she cannot be right general secretary ofr even jt general secretary and she cannot claim any office in the very party, even party functionaries cannot help her; if they attempt they too would lose their claim of image of JJ would be lost for ever; as DMK would step into the shoes and hand over the JJ's properties once elected ; if the AIADMK fail to render its duty the people of tamilnadu would respect nothing of AIADMK, as people are the real custodians of TN, not any political party that is the locus standi ....if that is done TN would be the most highly respected in the eyes of the world community as a whole.
from the above it shd be clear Gift with glitches can never be a gift, at all. tks
