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Mohamed Ali (employee)     10 October 2013

Gift deed

Our grandmother XYZ is inheriting some property from her mother ABC, She is entitle for 1/3 rd share in her mothers property which amounts to 19 Acres, But the issue here is the property in question is still in pendency in Final decree proceedings.which was decreed in 1960 in which our great grandmother is entitle for 1/17th share, further in 1/17th share our grandmother XYZ is entitle for 1/3 rd share which amounts to 6.55 acres of land. Grandmother XYZ had 2 sons, and She wants to divide this undivided 6.55 Acres of property among uncle and orphaned grand children euqally. In meanwhile her eldest is expired recently, now She wants to make a will /Gift deed that properties inherited by her which are Still pending in Suit No FDP /123.. must be equally divided among her surviving son and her grandchildrens. The question here is the properties are not yet in physical possession of our grandmother, Question: Can the undivided properties can be gifted as there is no physical possession of properties they are still in dispute only we know that our grand mother will get 6.55 acres out of 19 Acres of land which has to be eually divided i.e 3.275 acres to Uncle and 3.275 acres to oprhaned grandchildren. In what way it can be done. Can grandmother gift half of the property to orphaned grandchildren if there is no objection from uncle... Thanks and Regards Ali



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