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Inheritance of grandfathers property

Querist : Anonymous (Querist) 10 May 2021 This query is : Resolved 
we are just two brothers in our family (3rd generation)
our father was gifted a piece of land by our grandparents. the gifted piece of land was earned out of the own earnings of my grandparents . My father constructed a house on the same land out of his earnings on the land gifted by our grandparents.
My brother (unmarried) at the moment, is not interested in taking his share of the said property.
Can this property be further gifted to me while taking my mother and my brother as a consenting witness upon executing the gift deed in my favour?

please advise.
Dr J C Vashista (Expert) 11 May 2021
Whether the property is intestate or some document (Will) has been executed by him ?
If intestate it will devolve upon all 3 of you equally i.e., mother and brothers. Your mother and brother can relinquish or gift their share in your favour
It is advisable to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.
Sankaranarayanan (Expert) 11 May 2021
once a self acquired property been given to his son then he has not any hurdle to enjoy it and no one have right to claim it in future .Therefore based on your query your uncle have no locus standi to claim. Better you show all paper to local lawyer and act according the lawyer advise
Advocate Bhartesh goyal (Expert) 11 May 2021
Your grand father has gifted the property to your father after that your father became absolute owner of property.If your father is alive he can very well execute further will/gift in favour of you ,no body has right to make objections and if your father is not alive and has not executed any will then your mother and you two brothers have equal share and rights in property and in that situation your mother and brother may relinquish their respective share in favour by registered release deed.
SHIRISH PAWAR, 7738990900 (Expert) 11 May 2021
Hello,

Your father has title of the property as after gift deed it is your father's self acquired property. So your father can gift this property to you. Consent of your mother and brother is immaterial. However, you can take consent from your mother and brother if you wish.
kavksatyanarayana (Expert) 11 May 2021
As per your query, you are two brothers only and in the 3rd generation. Here the 3rd does not arise. Your grandfather gifted his property to your father. So he is the absolute owner of the property and he can do it as he wishes. if he is not alive, and no Will is executed, then your mother and your brother must execute a Gift deed for their share or relinquish their rights over the property in your favour.
Pradipta Nath (Expert) 12 May 2021
Need to go through the papers.
T. Kalaiselvan, Advocate (Expert) 12 May 2021
The property transferred to your father shall become your father's own and absolute property.
If your father is desirous of transferring the same to your name, it is his own desire and decision, nobody can question his authority on this.
He can very well transfer the same without taking anyone's consent to do this act.
In fact there is no necessity for your brother or your mother to sign as consenting witness, they can be a general witness to the registered deed.
Asgher Mahdi (Expert) 12 May 2021
What else you have documents in respect of the said property gifted to you by your brother? Your brother if not have the right to claim whether at that time married or unmarried.
P. Venu (Expert) 15 May 2021
Who is 'gifting' the property - your father?


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