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Vaibhav G (Cons)     29 December 2009

Property Dispute

 My grandmother had gifted a plot to my father. My father is residing with his 2nd wife and son from 2nd wife on the Ground floor constructed by him. I am residing on the First Floor along with my family. The First Floor was initially constructed by my 2 brothers and on requirement basis by me.

My father has now done a gift deed of this property as below

Ground floor to 2nd wife and son from the 2nd wife

First Floor and terrace jointly to my 2 brothers

I have not been given any share in the property. I have been given notice to vacate the first floor by my brothers.  My questions to you honourable Lawyers are 

1) Does the property comes under self acquired property or ancestral property and can my father divide it unequally?

2) Can I challenge the gift deed, as it was made without my consent?

3) I am staying on the First Floor of the property since last 15 years. what are the legal options I have in this case?

Please advise.



Learning

 6 Replies

sharmila (Assistant)     29 December 2009

Question : We have above 28 crores worth property  just now we came to know, but it is pledged by my Grand father's Grand father. But he didn't sold to anybody, but from the past 60 years it was occupied by others, now they are  living in this property from the past 60 years. we have any rights to file a case on this property.

subhash kumar (advocate)     29 December 2009

Dear, sharmila, kindly let me know in which capacity they are living there, whether tenants or encroacher, illegal occupants

Subhash kumar,adv

Parveen Kr. Aggarwal (Advocate)     29 December 2009

Mr. Vaibhav,


The property got by your father through gift deed will be considered his self acquired property and he can divided it unequally.

 

You can challenge the gift deed only if it was executed by your grandfather without having authority to do so or on similar grounds in case it was ancestral property in his hands. In case the property was his (grand father's) self acquired property then it cannot be challenged by you.

 

You legal options will depend on the contents of their notice.

Vaibhav G (Cons)     30 December 2009

Thanks Parveen. The 2nd Question was pertaining to the gift deed done by my father. Can I challenge that ?

Parveen Kr. Aggarwal (Advocate)     30 December 2009

You cannot challenge the gift deed executed by your father without challenging the validity of the gift deed executed by your grandmother.

sharmila (Assistant)     02 January 2010

They are living from the past 60 years, with out taking any consent from our side.


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