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tejinder sethi   21 April 2024

Gift deed

My father died inestate. His property was gifted by my mother to her grandson without taking the consent of legal heirs. Is it correct as I want a share from the property.



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 9 Replies

Advocate Bhartesh goyal (advocate)     21 April 2024

Your mother can't  gift the property owned by your father to anyone until and unless she has become absolute owner of property. If your father died intestate then his property rights devolve to his all legal heirs equally including you.

 

tejinder sethi   21 April 2024

How does she become absolute owner

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

Your deceased father's property devolves equally on all his class I legal heirs.

You are entitled to a share in it as a right.

You can file a suit for partition and claim your share with separate possession.

kavksatyanarayana (subregistrar/supdt.(retired))     21 April 2024

You posted this query in this forum in another way, why repeated?

P. Venu (Advocate)     25 April 2024

The posting suggests deeper issues. Please post complete facts.

Other than you and your mother, who are the legal heirs of your mother? In other words, how many are your siblings? Are all of them alive? If not, who are their legal heirs?

All the more, who is this "grandson"? Is he your own son?

 

tejinder sethi   25 April 2024

We are three sisters and one brother. The grandson is the son of my brother All of us are alive 

 

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

You can file a suit for partition either alone or combining your female siblings and seek for your rightful share in the property left behind by your deceased father who is reported to have died intestate. 

The property will be divided into five shares. 

The gift deed executed by your mother in favor of your nephew is not maintainable or legally valid. 

tejinder sethi   16 May 2024

I remember my father during his lifetime had taken an affidavit from me and other siblings as attached relinqishing right on movable and immovable assets. It is only notarized and not registered. In fact there is no release deed or family settlement deed. And of course there is no will.  Can this affidavit will have any impact on my claim. Please advise.


Attached File : 1041571 20240516182742 affidavit of arvinder sethi.pdf downloaded: 2 times

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

The notarised and unregistered release deed is not valid in law, if anyone claims any relief on that basis his claim will be dismissed by court 


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