Gifted Property

Hello sir,
My Grandfather has 1 home property, he died on by 2010 and didn't register his property on any one. My father and his sister's Gifted Home Property to his Brother with out our Knowledge. we are 2 children both are Major on that time.. So we would've approach few lawyers recently they said that we do not have right on that gifted Property... could you please help me out of this.

Just because it is grandfather's property, dont assume that the grand children have any right in the property. 

Your grand father's house property in the instant case is his personal property.  After his death, in case he has not left any WILL, all his legal heirs (i.e. sons and daughters) are entitled to get equal share in the property.  If the sons and daughters (i.e. your father and his sister) have decided to give up their share to their brother (your uncle), then it is their legal right.  NOBODY CAN OBJECT TO IT.  NOBODY ELSE HAVE ANY RIGHT TO GET ANY SHARE IN THE PROPERTY.  THEREFORE, THERE IS NO NEED WHATSOEVER TO GET ANY CONSENT/PERMISSION/APPROVAL etc. from anyone.  

Therefore, the lawyers whom you approached have advised you correctly.  



Lawyer in

Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.




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