Madhu (Consultant) 07 January 2011

Father's property gifted to one of the children

Hi,

I'm looking for an expert advice on the following situation.

My grandfather had a property in Kerala, which given to him by his father in return for the expenses incurred by my grandfather in marrying off his siblings. Now, this property was gifted to one my aunt (mother's sister) by my grandfather without my mother's knowledge in 1984. My grandfather passed away in the year 2000. We came to know about the transaction only in 2007. My mother, being the eldest, also has a brother and another sister. My aunt had once said that she will divide the property equally into four parts but now has backtracked.

Can my mother claim for her share of the property which was given to my aunt without her knowledge? My aunt is a doctor and well settled abroad. The reason given for the transfer of the property was to support her she had no other means to live. While in reality she was married and settled abroad since 1976.

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Darshan Panchal (Advocate) 07 January 2011

if father of ur grandfather gave said property in return of some favour and if there was a document of any kind it in that respect it became the absolute and self acquired property of ur grandfather which he could have dispossed off in the manner he liked. if so, once gifted to ur aunt, it became her absolute property and no one else can claim any right or share in the same. However, if the property given in return of favour was ancestral, it could not have been gifted away by ur grandfather and other siblings too had a right. u can approach the court for getting the property partitioned but will be difficult to convince the court as long long time has elasped and a question of limitation may come into picture. it is also to be seen whether the gift deed was registered one or not