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upendrasinh (frontdesk eecutive)     26 December 2009

can i get my self owned property

dear all...my garndfather have his selfowned property .the problem is in 1972 he give some of property to my uncle as a gift since that time property is on his name (uncle) since 1972. but now my grandfather want to get back this property from my uncle..it is possible???my grandfather has 4 son and 3 doughter .....pls. advice me..thanks

ajaysinh



Learning

 15 Replies

prakash vathore (practicing lawyer)     26 December 2009

no, u cant get it back.


(Guest)

No.

rajkumar.vnm.marupeddi (advocate)     26 December 2009

Once any property is voluntarily  transfered by any person in favour of other, it can not be taken back, particularly, after a long lapse of  more than 30 years.

Ashok Yadav (Lawyer)     26 December 2009

No ur grandfather cant get back the property which was gifted by him. Because a simple gift can not be revoked if it has accepted by the donee.

1 Like

Bhavani Sankar Mahanti (Law Officer)     26 December 2009

 

 

No, The property was given to ur uncle more than 30 years, he was also enjoyed the property last 30 years, There is no possibility to Cancellation of Gift and get back the property.

Nali Seshu Kumar (SOCIAL WORKER)     26 December 2009

the transfer from the gift is irrevocable and ur desire is un natural. 

Raghav Sood (Lawyer)     27 December 2009

well if the gift deed is containing some condition only in that event your GrandF can revoke rest all LD friends are right

because if the gift deed is conditional there must some condition or else it has become absolute

subhash kumar (advocate)     28 December 2009

Dear, what was the mode of gift , whether it was oral or written .  As per your question its seems that the gift  was  by written instrument and your uncle has mutated the property in his name and  now you can not claim or get back the propeerty through court of law.

Subhash kumar, adv 

Santosh Sharda (self)     28 December 2009

Some thing for thought here that I would like to get a clarification in this matter:

1) Was the property self owned by Grand Father  self acquired or hereditory (i.e. part of an HUF)?

2) What if the period was not 30 years. In that case could the other heirs have stepped in and stopped the transaction (Gift) if the Grand Father was proved not to be in full control of his senses when he made the gift.

3) one learned friend (Raghav Sood) has added the point of conditional gift. Can a Gift be conditional?

These questions are just for clarification and discussion.  The answer given by others is indeed correct if nobody objected for 30 years.  Besides it is right that a Gift cannot be revoked. 

upendrasinh (frontdesk eecutive)     28 December 2009

sir,  gift was oral

upendrasinh (frontdesk eecutive)     28 December 2009

Dear All thanks and sorry  for my mistake....my grandfather does not gift property to my uncle but he transfer a 50% property to his ( my uncle) name in 1972. and now my father and my another uncle  and my three unt claim in court for equal partition of whole property of my grandfather .property is self owned by my garndfather .is this posibble??? and once again sorry for my mistake ...of worng question...becuse of.lake of information....abt this mattere...

thanks

Abhishek N Kundgolkar (Apprentice)     28 December 2009

No, As the property of your grandfather is self acquired property he has got every right to deal with it in the way he likes. Now he has already gifted the same to your ucnle and that too in 1972, he or you also cannot get back.  

Abhishek N Kundgolkar (Apprentice)     28 December 2009

Now you say it was not gited, rather it was transferred, again the said alienation was made in 1972 and that conserderable time has lapsed, you cannot challenge it as the time to challange has already expired in Law.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 December 2009

Afte making igft, your grandfather has no relation with the gifted property so can do nothing. If he can do anything, I can also do.......

 

As I have no relation with the discussed property similar is the position of your grandfather now with that proerty.


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