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Amith (unemployed)     25 January 2014

Clarification needed

My father expired a couple of months back. He transferred his own property ( not ancestral property) to me more than a year ago through gift deed. The problem is my father had 3 wives. first one died within a year. Second wife died within 1 and half year giving birth to male child. I'm 3rd wife's son. He (2nd wife's son) did not live with us.  Now me and my mother are living  in that house ( property). His maternal grand parents took care of him during childhood days and now he is staying with my paternal aunt's home. My paternal aunt (a widow) has 1 son and daughter. He never ever remained as a son to my father. My mother married as he was taken care by his grand parents. And moreover my father did not get any share in the ancestral property. Does he have a right to claim for property share which belongs to me now? Can i get a share in the ancestral property if i file a case, as grand children has right to do so?



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 13 Replies

Dr J C Vashista (Advocate)     25 January 2014

No, it is your self-acquired property.

Biswanath Roy (Advocate)     25 January 2014

Property transferred inter vivos by a Gift Deed makes the Donne as absolute owner thereof.  No other person can claim any share of it.. You can claim share of ancestral property if your claim is bonafide..

T. Kalaiselvan, Advocate (Advocate)     25 January 2014

The property transferred by your father by way of gift deed becomes your absolute property.  Your half brother do not have any rights to claim as share in it.  Besides, if there any ancestral properties, you have a right to stake your claim for a legitimate share in it too.  Consult a local lawyer with available papers.

Amith (unemployed)     30 January 2014

Thank you so much for your replies.....


(Guest)

Ya your brother can claim the property if its a fake gift deed.

Dr J C Vashista (Advocate)     31 January 2014

Consult a local lawyer with all documents.

Amith (unemployed)     22 December 2014

The problem has now occured.. my brother has sent me a lawyer notice for the property claim mentioning my name & my mother's name in that notice. and that gift deed is not fake. it was done when my father was alive. he has done that deed stating me as the only son & and he himself doesn't have any right thereafter. what step can be taken further?? pls help me to sort this prob. when i consult local lawyer i'm getting both positive and negative feedbacks. moreover this prop transaction was done with the help of a lawyer itself.. waiting for ur response...

Dr J C Vashista (Advocate)     23 December 2014

It would be inappropriate to advise you in the absence of the document.

Send reply to legal notice stating that your client (brother in your case) has no right, claim, interest or title over the property donated by my(your) mother. 

Amith (unemployed)     27 December 2014

ok sir. fine. whatever he's mentioned in the notice is false. overall it is a false appeal. and he has mentioned my father's self acquired property as ancestral property. what would be the consequences for him to face??

Biswanath Roy (Advocate)     28 December 2014

Your alleged brother shall face legal obligation to prove that the subject property is an ancestral property and not a self acquired property if he fails to prove that in the court he shall be liable for payment of compensation and damages if you demand as per law.

Samir N (General Queries) (Business)     28 December 2014

Had I been your half-brother in the circumstances described by you and was interested in the property, I would do the following:


As the Gift Deed was signed just a year or so before your father's death, I would first challenge it as executed under coercion or undue influence.  With your father dead, it would not be easy for either of you to prove otherwise.  The facts of your case would play out and we do not know what they are. 


It is not important as to what your father stated in the Gift Deed. What is important is whether it was ancestral property or self-acquired by your father. Here too, the facts would play an important role. Admittedly I am not fully familiar with the distinction but I bet that it would not be that straight forward for you to prove that it was self-acquired by your father. For example, your half-brother can argue that your father bought it from the monies inherited from your grand-father. 


In any event, this is an interesting situation and I will follow up on this post to see what the learned advocates have to say on my observations.  

Biswanath Roy (Advocate)     29 December 2014

The views of my learned friend Mr. Samir N  as it appears is fallacious and speculative in as much as at the time of Registration of Gift Deed the Registrar ask the Donor two things, (a) What is his relation with the Donee and (b) whether he signed his gift deed under any pressure , coercion or to avoid any pecuniary liabilities. Such queries relates to manual practice and a part of it. Secondly my friend stated "............your half brother can argue that your father bought it from the monies inherited from your grand father."  My friend may be aware of  that burden of proving the facts lies upon the complainant by adducing admissible evidences in accordance to the provisions of Evidence Act. So it is not an easy task.

Amith (unemployed)     24 September 2015

Hi all. After long time I'm coming back with an update of this case. Hope u remember the case briefly. This suit is dismissed by the judge because of non-prosecution. He did not come for cross examination itself. My doubt is, is there any chances for him to file a suit again. If so, in what way he can file a suit again?? Waiting for your valuable replies..

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