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varun (operator)     20 September 2010

grandmas partition

my grandmother got land from her parents.my grand mother then divided the land which she has into 4parts.then she gave each part to each daughters i.e.3daughters.and kept one part to herself.my mother who is one of her daughers islooking afer her now. my grandmother wants to give the share which she holds in to my mothers name.can the other daughters object in court.

is there any special way the deed has to be prepared..

your comments appreciated....... 



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 September 2010

 

No one can object. Your grandma has every right to give her property to your mother, it is her choice. She can execute a gift deed in favor of your mother and get it registered.

1 Like

suresh (Advocate)     21 September 2010

 

Dear Mr.Varun.

You have said that your grandmother has given share's to other dauther's how it is, is it registered instrument

please let me kknow first how your grandmother got the property, is it through any registered instrument or how, if it is your grandmother's self acquired property then  there is problem to convey in your mother's name.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     22 September 2010

Dear Suresh,

Please kindly go through each and every line, the querrist made and try to reply accordingly, please dont be in hurry to answer the querries. The points raised by you are self explanatory if you relaxingly go through once again what Varun stated.

@ Varun,

I agree with Adv. Archana, it is better if your grand mother executes a registered Gift Settlement Deed as the property becomes a self acquired property as she has inherited the same from her parents. There will be no legal deficiency, if she delivers the physical possession of such property to your mother.

1 Like

varun (operator)     22 September 2010

Thnks Adv. Archana and   Mr. K.S.A Narasimha Rao for your advise...

Adv Suresh thnks for your query,

 

  • yes my grand mother has allready done, executed the registerred deed in the name of her 3 daughters in the court.
  • my grand mother divided the land into 4parts ,kept 1part for herself, and 3 parts for her 3 daughters and now wants to give her part to my mother as my mother is taking care of her now.
  • yes my grand mother who got the land from her parents is also registered in my grand mothers name through the deed in the court.
  • my grand mother has not (earned) or brought the property with her savings.,( she got it from her parents)

 

 sir please tell me in laymans language iam new to this forum..(if am not wrong my grand mother inherited  this land from her parents so how this this becomes self acquired property   my grand mother is alive now.

so can she give this to my mother 

 

 

 

Regards

Varun 

Adv Archana Deshmukh (Practicing Advocate)     22 September 2010

Varun ji, Pl. refer to S. 14 of the HINDU SUCCESSION ACT, "Property of a female Hindu to be her absolute property". Go through the section and you'll know that the property of your grandma though not self earned and have acquired from her parents, it is her absolute property and so, she is entitled to dispose it as per her own wish.

Adv Archana Deshmukh (Practicing Advocate)     22 September 2010

She could have given away her entire property to any one she wish and nobody has any right to object!

varun (operator)     22 September 2010

sir

1)my grandma has old house on the share of land which she hold.the old house is also in my grandmas name.

2)after transfering the land(GIFT DEED) in my mothers name can my mother demolish the old house and construct a new one

3)after constructing ther new house will the house and the land on which it is build be in my mothers name

your advise appreciated...

thnks for ur comments...

regards Varun.

varun (operator)     22 September 2010

Adv Archana this is copied from another members querry it is as follows........... 

 

My mother and father gifted a land to my sister. That was acquired under coercion by my sister. The gift deed was registered in the year 2003. Is there any limitation for filing a suit against my sister & please tell me what are the conditions to be satisfied for treating it to be an "invalid gift"

reply was:

You will have to file suit for declaration and injuction.  Limitation is 3 years from the date of knowledge. According to you, you came to know the exeuction of the gift  deed om the year 2003.  So you have no chance to file a suit limitation is already crossed.

To bring it into the limitation the fact of executing the gift deed came to the knowledge recently.

If the property is ancestral you have got good chance by filing a suit for patition and in that you can seek a relief of gift deed is not binding on me.


Adv Archana Deshmukh (Practicing Advocate)     22 September 2010

Pl paste the link to the query. And also what do you want to say? I did not get it. 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     22 September 2010

I agree with Adv. Archana,

I suggest something that never try to compare ur case with other case, basing on facts we have suggest you something, if you feel that if your granda with coercion of your mom executes a Gift Deed or any other deed then it will become invalid.

varun (operator)     24 September 2010

 

sir

1)my grandma has old house on the share of land which she hold.the old house is also in my grandmas name.

2)after transfering the land(GIFT DEED) in my mothers name can my mother demolish the old house and construct a new one

3)after constructing ther new house will the house and the land on which it is build be in my mothers name

your advise appreciated...

thnks for ur comments...

regards Varun.


 
 

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 September 2010

@varun

Get mutation of ur mother name in the municpal records and obtain permission for demolition of delapidated house and also for construction of house.


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