Jyothikaa (NA) 24 April 2014

Agricultural land gifted by grandmother

Dear All,

My grandmother had purchased agricultural land in year 2009 and the same has been gifted to me in the very same year. I am the grand daughter. My grand mother has 4 sons. My father is the third son.

A year back my grand mother expired. Now I need to get the property transferred to my name.

I have in total 7 cousins and 1 brother. And I was told as it is gifted by my grandmother to me, no one else can make claim on the property.

Recently 2 of my cousins and my brother have grouped up and are asking for their share in this property. They are threatening by telling that they will file a case against me, and get their share if required.

Kindly let me know if there is risk of losing the property to my 3 uncles, or their children, or my brother.

Appreciate your quick response.

Regards,

Jyothika

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7 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 24 April 2014

You have to file proceedings for probate in the court as per provisions of Indian succession act.

If you get probate by proving the will, then said property will transfer in your name.

If anyone disputes the will, they have to challenge it in civil court.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 April 2014

Jyothika, from your query it appears that your grand-mother has purchased property and gifted to you in 2009 and you would like to transfer in your name. Recently 2 of your cousins joined together and demanding share. Legally following is for your information:

A] 1] Donor can gift of his property only that is purchased by him

2] Donor cannot gift ancestral property.

Since your grand mother self purchased property and gifted you, you have every right to transfer it in your name.

B] For your information, transfer is effected by Registered instrument signed by donor & attested by two witnesses.

Hope it is witnessed by two witnesses.

C] Gift is made with love and affect and without consideration.

This also meets your requirement.

For further guidance, you may contact 9869400935 if you wish :E-mail: jeevansci@yahoo.com

ADV. JEEVAN PATIL

Regards,

Jyothika

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 April 2014

A] 1] Donor can gift of his property only that is purchased by him

2] Donor cannot gift ancestral property.

Since your grand mother self purchased property and gifted you, you have every right to transfer it in your name.

B] For your information, transfer is effected by Registered instrument signed by donor & attested by two witnesses.

Hope it is witnessed by two witnesses.

C] Gift is made with love and affect and without consideration.

This also meets your requirement.

For you need further guidance, you may write : jeevansci@yahoo.com

Thanks

ADV. JEEVAN PATIL

Regards,

Jyothika

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 April 2014

Jyothika,

from your query it appears that your grand-mother has purchased property and gifted to you in 2009 and you would like to transfer in your name. Recently 2 of your cousins joined together and demanding share. Legally following is for your information:

A] 1] Donor can gift of his property only that is purchased by him

2] Donor cannot gift ancestral property.

Since your grand mother self purchased property and gifted you, you have every right to transfer it in your name.

B] For your information, transfer is effected by Registered instrument signed by donor & attested by two witnesses.

Hope it is witnessed by two witnesses.

C] Gift is made with love and affect and without consideration.

This also meets your requirement.

If you need further guidance, you may contact.

Thanks

ADV. JEEVAN PATIL

Regards,

Jyothika

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 April 2014

Ms Jyothika,

From your query it appears that your grand-mother has purchased property and gifted to you in 2009 and you would like to transfer in your name. Recently 2 of your cousins joined together and demanding share.

Legally following is for your information:

A] 1] Donor can gift of his property only that is purchased by him/her

2] Donor cannot gift ancestral property.

Since your grand mother has self purchased property and gifted you, you have every right to transfer it in your name.

B] For your information, transfer is effected by Registered instrument signed by donor & attested by two witnesses.

Hope it is signed by donor witnessed by two witnesses.

C] Gift is made with love and affection and without consideration.

This also meets your requirement. Hope you are satisfied.

If you need further guidance, you may contact.

Thanks

ADV. JEEVAN PATIL

Regards,