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Amit (MTS)     10 March 2013

Gift deed by father, uncle claims his share too

Dear All,

     My father had bought a residential plot from my grand father and registry was done in his name. Later when house was constructed, uncle (father's brother) and his family also started living in the house as per desire of grand father. After demise of grand father, my father has done a registered gift deed in my name. Now Uncle who still live in house has put a civil case on me stating that he has also spend money by selling his property in construction of this house so he should get half of this property. My mother is also on uncle's side and she is also party against me in case.

I have few questions:

1. Can this property be treated as ancestral property even my father was a buyer and paid money which is written in registration deed?

2. Can I get property vacant and sell?

3. Can I sell the property legally even while case is going on as I have all papers in original?

 

Thanks for replies.

Regards.



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