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Ramesh Marathe (Liaison Manager)     20 September 2012

How to claim/recover gifted property?

Dear Sir/Madam,

A, B & C have purchased agricultural land measuring 2 Acres 18 Guntas in 1928. A died in the year 1950 intestate leaving behind his wife and daughter as his legal heirs. Whereas, A’s wife has gifted her husband’s share of the property to her only daughter by a registered gift deed in the year 1961. In the course of the time B has also died leaving behind his two sons to succeed to his estate. Pursuant to which B’s two sons and C have partitioned the said property and got half share each. Subsequently, they have sold their respective share of property to the third party in the year 2005. Recital in the said sale deeds says A has died issueless and no survivors. Now the question is: Whether late A’s daughter, in whose name late A’s wife executed registered gift deed in the year 1961, can claim her share of property in this stage? I humbly request the learned members of this Forum to through some light on this query.

 



 1 Replies

bhagwat patil (Property due diligence 9422773303)     21 September 2012

After obtaining all legal documents A and her daughter can file a criminal complaint and civil suit for declaration of sale deed as null and void,and get cancelled in court of law.
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