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(Guest)

Gifted property

Father gives his elder son 60% of his land as irrevocable gift. The residue land is in fathers name. The land is now registered in elder brothers name. Mutation & land record updated. Question is ..can the younger one (They r 2 brothers only) come up with any kind of claim in future? ( Though the elder one paid market price to his father, however to reduce land registration cost, the deed was registered as gift deed instead of sale deed.)



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 5 Replies

adv.raghavan (Advocate,9444674980)     08 August 2013

if it is fathers self earned property he can very well gift to anybody of his legal heirs, if it is inherited property the younger son will have a say on that.


(Guest)

Thaks Raghavan,Is there any legal preventive action, so that younger brother cant create atrouble in future?


(Guest)

This is inherited property.

2BHelpfull (Other)     08 August 2013

if the property is inherited then everyone(i.e. even u ,ur brother, sister if any, minor son) has right on such property .

1 Like

adv.raghavan (Advocate,9444674980)     08 August 2013

when it is inherited your father doesnot have power to gift it to elder brother, that gift deed is null and void, if u want to prevent younger brother from creating problems in future, get a relinquish deed from the brother for his share, after cancelling this gift deed.

1 Like

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