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Roy (Project manager)     10 June 2013

Gift of property-ancestral



I need some expert opinion.


I have two queries:


1: my deceased grand father had no will and dead now.He had three sons and three daughter. One son was unmarried and dead now. Two other sons are married ,with family and kids and are dead too.


now since there was no will by my grand father,the property should be shared between two sons and three daughters in 5 parts. Even though my aunts were not interested in taking share of their father's property,what my father's brother's son has done is,he has wrongfully taken letters of gift from all three aunts that they are gifting their part of share to my cousins. Those three letters are on legal papers,signed by all three aunts.


now what can i do in this situation? since ideally since my aunts were not interested in taking share of the property,it should have divided into two parts: our family and my father's brothers' family.


what can we do in this case? legally?


2.My second query is whe my father was alive,he registered one my grand father's piece of land in my name and that has been recorded in BLR mutation.

Now if we want to sell this piece of land,will there be any legal complication?


 2 Replies

Hemang (Advocate)     10 June 2013

The writting by your anti saying that the property is gifted without the gift deed being registered is illegal and void. She could have relinqushed her right by a deed in favour of a person to whom she wanted to give away. So, you should now file a suit for partition. similarly, how could your father derive the legal authority to give away the property to you. He could not have trasnferred the property in your name as it is illegal. A joint property in the name of the father could not have been transferred, as other legal heirs or survivors have equal right. There is not only irregularity, but illegality too in both the transactions. 

kamal (Advocate)     18 April 2014

Mr.Hemang  is 100 % right and i agree too....

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