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GOKULDAS KAMATH (EX BANKER)     31 October 2012

Share in ancestral property

Sir,

Therre is a property in the name of my father in law.his elder brother and elder sister  in a prime area measuring 9 cents.Present market value is Rs.75.00 lakhs.It is under litigation since last 2 decades and as per district court verdict,judgement was given in favor of my father in law and his siblings.Occupant  has now approached High court.During the course of this litigation,my father in law expired .He has 7 children.His elder brother and elder sister gave a letter /GPA  to my eledest brother in law (my wife's eldest brother working in a bank) that they are not interested in the property and gifted thier share  to him. with an intention to give benifit to all the 7 children.Details of this deed/letter is not available with me.My brother in law reportedly  got his name registered in the sub registrar's office.Now a buyer wants to buy this property for Rs.75.00 lakhs along with pending litigation.Now,brother in law claims that he has 2/3 rd share in his name as per the gift deed of his father's elder brother and elder sister and also 1/7 th share in his father's property.Only my father in law's elder brother is alive now.My other 5 brother in laws are uneducated and executed a GPA in favour of thier eldest brother to sell the property.Sale deed is not yet executed.Now all my brother in laws suspect a foul play by thier brother and wants to have equal share in the sale proceeeds.Kindly offer your guidance in this matter to proceed further in the matter so that thier eldest brother does not ride on them 



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 2 Replies

Varun Desai (Advocate)     31 October 2012

Hi,

On base of your information if the gifte happened in your eldest brother in law than he had complete right to enjoy the property without any restriction and other brothers won't have any right in the property and not get anything  legally. as Hon'ble SC judgment once property gifted than it can not be cancelled for any reason..

Nitish Banka (lawyer)     31 October 2012

A gift once accepted cannot be revoked...provided gift is registered


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