Nishant (NA) 24 March 2012

Inheritance case and gift deed

I need legal advice on this case. A is a Great Grandfather, B is a sole heir of A. C and D are sons of B. P and Q are sons of C and X and Y are sons of D. C is passed away. B has inherited the property from A; you know how it is come to generation to generation, it is not by any mean of gift deed that I’m sure of. So B is the sole owner of the property that comes to him from A. Now B is holding the title. When at the time of B’s passing away, he made a gift deed of the property in favor of X. This gift deed paper made by B to X is even mentioning in that B has inherited the property from A (varsagat) and he is transferring to X. What is a legal rights of C, P and Q here ? Please advice; this is hindu case from Gujarat.

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unique horn (self) 24 March 2012

You didnt say, "B" is a son or a Daughter of A. If "B" is son of "A", and "A" died intested (without any "will") then "B" has no right to make a gift to "X".

After "A" died, (If "B" is a son), B will get 1/3, C will get 1/3, D will get 1/3. P and Q can claim from C ; X and Y can claim from D. The gift is valid if "B" disopsed his share (1/3) alone. But it is invalid if the gift in respect to whole.

(Where as, if "B" is a Daughter of "A" , then "B" will be the abosulate owner of properties no one C,D,P,Q,X,Y, can claim from "B" the gift is very much valid.