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santhosh (professional)     05 June 2017

Grandparents property to grand children

Hello all, My father got a property from my grandfather through oral partition deed. My father before expiry registered the same as gift to my mother. My mother has sold that property and purchased another property. I have 2 sisters married for 8 years. Sale of my grandfather property and purchase of new one was done by my mother after the marriage of my sisters. Now my sisters argue that they will get some share. Is this a valid argument, please let me know. Thanks..


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 20 Replies

Ms.Usha Kapoor (CEO)     05 June 2017

Once your father gifted away his property which he got from your grand father it becomes your father's self acquired property. your father then gifted away this property to your mother, Sl she got full rights of ownership over the property. She can do anything with the property such as sale,lease, mortgaze or give to her children. You cant force her for a share in this property because it isself acquired property. of your father AND YOUR MOTHER. dUE TO CONVERSION of ancestral to self acquired property once  during your grandfather's time(oral Partition) secondly your FATHER GIFTING away that property to your mother. I hope gift is registered.

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(Guest)

doesnt seem to have any validaty in your sister's claim. Once you father has gifted it, YOUR  mother has the only  rights in the context here.

 

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Kumar Doab (FIN)     05 June 2017

It is believed that you are all Hindu.

The property in the hands of Grandfather was self acquired or ancestral?

Confirm!

Kumar Doab (FIN)     05 June 2017

 

Oral partition has to be proved.

The title/ownership of immovable property can be transferred from one owner to another by a valid/registered deed.

Kumar Doab (FIN)     05 June 2017

 

1st of all obtain copy of mutation records with all link docs from O/o Authority under whose jurisdiction property falls e.g; MC.

 

It can be found from these docs on strength of which valid docs the title/ ownership of immovable property was transferred from   the name of Grandfather to Father.

The revenue official say: Patwaari can also hint if the property is self acquired or ancestral (Pushtaini). 

Kumar Doab (FIN)     05 June 2017

 

If the docs/transfer was valid then Father being owner can gift to mother.

 

If the said property was ancestral Father could gift upto his share only.

If the said property was self acquired Father could gift entire property.

If the docs/transfer was not valid the owner of the property may still be Grandfather.

 

In that succession should set in and each legal heir may get share as per applicable succession laws.

Kumar Doab (FIN)     05 June 2017

 

The local counsel of unshakable repute and integrity specializing in revenue matters and well versed with Local Laws/Rules can provide proper legal opinion, after examining all docs on record and your inputs.

santhosh (professional)     05 June 2017

Thank you all!

Adv. Kumar Doab sir, the property is self acquired by my grandfather and it was transferred to my father through oral partition deed. This deed has been done in 1970, signed by all the members of the family and it is NOT registered. Everyone [3 other brothers of my dad] are enjoying the property which was granted to them through this deed. Before expiry, my father has gift registered this property to my mother and she has sold it and bought a new property. And now my sisters are trying to file a case arguing that they will get a share. Please advise. 

Thanks in advance

Kumar Doab (FIN)     05 June 2017

Same Query:

https://www.lawyersclubindia.com/forum/Registration-of-a-property-cant-be-cancelled-after-duration--124957.asp

Kumar Doab (FIN)     05 June 2017

In other query you have posted that:

"Mr.A has got his ownership title from his father through partition deed. This has been produced in highcourt and was accepted by the court.".

In this query you have not posted about it.

While posting a query one should post full details and facts.

 

Kumar Doab (FIN)     05 June 2017

Anything else that you would like to post to complete the details/material facts of the query.

 

santhosh (professional)     05 June 2017

Adv. Kumar sir, thanks for going through my other post too.. Scenario of this old issue: Mr.Z, brother of Mr.A filed a case against Mr.A saying that he has entered the property of Mr.Z and demolishing the existing structure. Here the court has advised RDO to check the issue and RDO has given the feedback in favour of Mr.A saying that there is no harm done to Mr.Z by Mr.A and Mr.A is the peaceful possessor of the property fallen to his share as per the oral partiition deed. Then Mr.Z has withdrawn the case in High court. I am not sure if the oral partition deed was taken as a support document during this issue, but to my knowledge, it has been produced in the court.

Kumar Doab (FIN)     05 June 2017

Grandchild has NO forced share in self acquired estate/property of Grandparent.

 

1 Like

santhosh (professional)     05 June 2017

Thank you Kumar Sir!


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