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venkatesh (engineer)     20 December 2014

Can gift deed still questioned?

Dear Legal Experts

I need one clarification.

My ancestor’s property transferred to my mother name after father death. We are three children’s (1 son i.e. me, 2 daughters) to my parents. My sisters all got married and well settled.
One year ago my sisters executed right relinquish deed in favor of mother. After that for part of property my mother transferred it to me through gift deed? Still there is a property that is in my grandpa's name, and we have some issues to transfered to my or my mother name.

1)How do i become  sole legal heir for this rest of  property?(not gift deeded)

2)can  i right relinguish my mother(as my sisters already right relinquish) in favour of me to become sole legal heir for this property(not gift deeded).If you have any other sollution please share?
 

3)Is gift deed is still questionable under any issues?

 

Thanks in advance



Learning

 2 Replies

venkat subbaiah (ADVOCATE ASSOCIATE)     21 December 2014

Sir,

Definitely you will have a right to claim your interest in your grandpa's remaining property. For this purpose you have to file partition suit.

As regards the gift deed, in my opinion, as per your narration of facts it holds good and there is no need to dispute it. Your mother lost her rights as she gifted away that property. But one has to go through the gift deed to clarify the legal position.

sarang joshi (self practice)     29 December 2014

Dear sir's

I read your question. you are in confused state of mind. Please see in present situation , no one is going to challenge a gift deed, as your mother and (indirectly) your sister's have transferred the property in your name. No dispute amongst you, your mother and sister's. OK. now you are claiming share in your grand father's property. In this situation You can go to civil court and ask for partition. But since this is an ancestral property, you can't overlook or abandoned your real uncle's (son of your grand father) and your your cousins (grand son of your grand father).   Don't forget you are one of the heir.


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