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SUDHAKAR RAO S (advocate)     24 November 2010

Father's property

Sirs,

My father having one house and a open plot area in Hyderabad.

My father having four children, two sons and two daughters.

In 2005 he sold the open plot area and the money deposited in the bank.

Elder son, was purchasing one flat, and requested his father to help for some money in the year 2006.

Father has given only 2.5 Lac to his elder son for purchasing a flat.

Father did not wrote any will for any property.

In 2006 October younger son got transferred the house title in way of registered gift deed without elder son's notice.

In 2007 father died.  Till that date elder son does not know about the gift deed which was transferred to his brother's name.

Now, the question is,  "Is the trancation is valid or not valid ?"  Is Elder son can suit case against his brother. ?

Kindly let me know.

 

My mobile No. 08686039393

Thanks & Regards

SUDHAKAR RAO S

 



Learning

 2 Replies

Vinoba (Advocate)     24 November 2010

Hello

If the property is a self-acquired property of the father, then the elder son is not having any right to challenge the gift deed.  But if the property is ancestral, then obviously the elder son can file a suit to declare the gift deed as null and void besides partition of the property.

L. Vinoba,

Advocate,

Pondicherry. 

Srinivasa Rao Mullapudi (Advocate)     26 November 2010

Yes, I agree with Vinoba, and also if the property is acquired out of the income of the ancestral property then it is liable for division.


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