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STUDENT.... (.......)     18 November 2012

Property gifted..

Hi Team,

 

One of Neighbour (Uncle) has got a property from his father(Self Owned) "Gifted (Through Registered Gift Deed) between his 3 son "A; B and C" and the gifted property has also not yet disposed off (Not Sold Yet).

 

Now my Uncle "A" has died without leaving any WILL/POA....Left behind his legal hiers "son and Daughter (2 members)", Aunty (Uncle Wife) died approx 8yrs ago.

 

Now the legal hiers "Son and Daughter" got to know from there Uncle (B and C) since the property was gifted and the father of legal hiers has expired so the legal hiers (Son and Daughter) has no right on the Gifted Property anymore and they can now sell off the property from there end when ever they feel like and the legal hiers cannot even claim for there share as well.

 

 

My Question:

 

1. Is it true that on gifted property the legal hiers of "A" has no right on the gifted property any more.

2. If the above statement is true what legal action they can take to get their right on the Gifted ProPerty.

 

*****************************************************************************************************

 

Regards,

 

Kunal



 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     18 November 2012

it is wrong. the legal heirs has full right on the property which was gifted to their father. their uncles are trying to fool them out and make money out of it.

Your friend need to apply for legal heriship certificate from the high court in order to transfer the flat in their name and after that they may dispose off the property, if they wish so.

 

Their Uncles cannot raise any claim on the property whatsoever.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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