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Rajnish   04 August 2016

Rights to property given to mother as gift

Hello experts

My grand father gifted his ancestral and self acquired property to my grand mother. They had three daughters and two sons. My grand mother however gifted the property to my father before she passed away. I have one brother and two sisters. My father passed away in 2014 without leaving a will. In this scenario, I have the following questions:

1. Can my father's sister and brother claim share in such property?

2. How should such a property be legally divided between my mother and her children?

thanks



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 August 2016

Sir, 

 

So far as the self acquired property is concerned the same can be gifted by your grand mother to your father and that becomes tha absolutes property of your father, But the ansectral property cannot be gifted I beleive. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     04 August 2016

It is believed thast you are Hindu?

 

First thing First: Show mutation record with link documents of the property in the hands of your grandfather to  a very able counsel specializing in revenue/property/civil matters, so as to determine nature of property.

 

On which date/month/year your grandfather died.

If ancestral then it might have to be shared with daughters also.

 

The grandfather in that case must not have gifted more than his share.

 

The property gifted to grandmother (wife of your grandfather) share from ancestral+ self acquired, might have acquired the status of self acquired.

 

Grandmother (wife of your grandfather) can gift her property to anyone.

Property from mother ( Hindu woman) is not ancestral.

Gift confers ownership with immediate effect.

 

Your  father's sister and brother can claim share from ancestarl property.

 

Your father's property shall devolve equally upon your mother and his sons and daughters.

 

 

 

P. Venu (Advocate)     05 August 2016

Are your aunts and uncle raised any claim. If so, try to reach an amicable settlement.

Yes, the father's property should equally devolve upon the mother and the children.

 


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