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M. Kannan (Consultant)     08 September 2010

My father's share gifted by my father to me

My grand fathe's father Mr. K had four males and 2 sisters. Mr. K expired without leaving any will. After Mr. K's death, My Grand father Mr. S along with his 3 brothers divided the property orally and got municipal tax, EB transferred to their respective names. My grand father Mr.S. enjoyed his share of property and divided that among his four sons orally. Now my father Mr. M gifted his share to me to effect registration in the register office. Is it correct and what he gifted to me is legally right. Please reply me



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 9 Replies

R.Ramachandran (Advocate)     08 September 2010

Dear Mr. Kannan,

From the facts narrated by you, the property is ancestral in nature.  The share that your father got from the property of his grand father (your great grand father) is not his absolute property.  It is a co-parcenary property. Every coparcener (only male decendants prior to 1.1.2005) and even female decendants (on and from 1.1.2005) are entitled to a share in such an ancestral property.  Thus, your father has no independent legal right to gift the property to you.  In fact the property needs to be divided amongst all the co-parcenars - i.e. your father and all the children of your father in equal share.  After such partition, your father can gift his share to any one that he likes (including you).

m.kupparaju (Advocate)     08 September 2010

Dear Mr.Kannan,

 

What my fraternity friend Mr.R.Ramachandran said is absolutely right. Follow his advice, it is  legally binding.

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     08 September 2010

Dear Mr. Kannan, i do not know u are from which state. if u r from Andra or Tamilnadu, Mr.Ramachandran is partly right. Because in Tamilnadu female lagal heirs equal rights in ancestral property even from 25/3/1989. i think in andra even before that . there is separate section in that Act of 2005 applicable for some states. i think Sec.6..... Further, in all otheraspects Mr.Ramachandran is right.

harpreet singh (private practice)     08 September 2010

If u can prove those oral partitions then the coparcenary property loses its character and thus makes the gift deed totally valid

R.Ramachandran (Advocate)     08 September 2010

Dear Mr. Harpreet,

There is no such legal provision as suggested by you.  In case you have any specific provision or case law kindly indicate.  I would like to update myself. 

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     08 September 2010

Dear friends/ experts, this is what i said /posted  once  that we all of us see / read some postings even without basic knowledge. this is an ample example for my postings

qquestioner1 (d)     09 September 2010

By 1-1-2005 do you mean girls mearried after 1-1-2005 or born after that date. Also please let me know if my sister has signed a reliqushment document can her children claim a share of the ancestral property.

M. Kannan (Consultant)     09 September 2010

Thanks for the reply. Actually partition deed has been prepared on a stamp paper but not registered. By showing this unregistered partition deed, my grand father got municipal tax and EB connection transferred to his name for his portion of share. There were no dispute as such among his brothers. My grand father mortgaged his share of property by registering the same in the registrar office. This mortgage appears in the Encumbrance certificate also. After mortage period is over, he released the mortgage and was enjoying the property till his death. Before six months of his death, my grand father prepared a deed in that he says this property has to be equally shared by his four sons. This deed has been signed by my grand father and by all his 4 sons. This deed not registered. Property is in Tamilnadu

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     09 September 2010

Oral Partition is valid whereas Adverse Possession is not applicable for joint family members. Hence, here Date is very very important at each and every stage of your foreowners' ownership. In one angle, memorandum of  partition deed is valid. What about your grand father's sisters' shares. Unless and until, it has not been cleared off , your quary will be considered as vague. Post with entire particulars to enable Experts to give U better advice.


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