Property inheritance under hindu law

It need be divided among all the seven legal heirs in equal shares.

Hi

My Grand father has one brother both devided their property in 1956,

Later my grand fathers brother got job and well settled.

My Grand fathers brother made his property to his elder brother(My grand father) in 1978.

My father was cultivating the land since 1978

now my father & Grand father snd My grand fathers brother also expired.

Very recently My grand fathers brothers LR's claiming that we have gulped their property.

and suit filed in the court.

My Question is how they can claim their property where his father himself transfered the property to my grand father.

the property transfered to my grand father in 1978 later that property came to my father now on my name.

The case is filed in the court last month kindly help me

If the property transferred in the name of your Grand father by his brother in 1978 is part of property divided by both of them in 1956 and if that property is ancestral property, your grandfather's brother's LRs can have claim on that property notwithstanding that property is transferred in the name of your grandfather by his brother himself. If it is self acquired property of your grand father's brother, then his sons cannot have claim on that property if he gifts that property to your grandfather.

Dear Sir,

The site of 1080 sq.ft in my mother's name which was made by my father.  (both are alive)  In 1973 this site was purchased and house was constructed.  We are totally 5 children (5 sons and 2 daughters)  I am second daughter and 5th child in the family.

Now I wanted to purchase the above property of my mother's which my parents also willing to give me.  I spoke to all my brothers and sister whom agreed to sell me for 30 lakhs.  I agreed to buy and I was trying for a loan from other source which i was not able to get.  Then I asked my brothers and sister to write and give a agreement then i will go for loan and after the loan i will settle the amount to my father which he may share to all according to his wish.  (He had plan of giving 50% to all the children and 50% to himself for his expenditures)

First all agreed for this but now only 3 among others refuse to even make agreement and asking me to settle all the money to my father and then they will come for registration.  Now I do not have money but promised them that i will give once i get the loan from the bank. 

My parnets are frustrated with the above disputes within children decided to give gift deed to me or make any other alternative arrangments so that the property can come to my name without other childrens signature. 

If at all my parents gift me and i register that, will that make any proplem in future?   Can I start construct the house on that site?  Can my parents revoke the gift deed.  Because they threaten my parents that they will go to court if they gift to me. 

Amudha

I understood your point but since 1978 we are cultivating the land and its 35 years later they are claiming means how is it possible for them to get it. since there are all leagle entries done in the Rights of records.

@Shiva.  Read the law of Adverse possession.  It may help you. https://en.wikipedia.org/wiki/Adverse_possession

@Amudha Rajkumar.  If it is self acquired property of either your mother or father, there will be no problem if they gift that property to you.  Your brothers, sister cannot have any claim over that property.  Include a point in the Gift deed that the donor is making the deed only in favor of you and remaining four children have no right whatsoever in the property.

Thank you very much sir.   One more point which I would like to know is  that can I start construction on that site and if at all my parents wanted to revoke the gift deed in future, can they do it? 

Once i start construction and then my brothers put a case will that case stand.  Because I don't want to stop the construction because I am going for a loan want to pay that loan through the rent which I will get.

Amudha

Revocation of gift deed is possible and courts have given judgments in favor of old people but very very rarely under exceptional circumstances. However 99 percent there is no possibility of revocation of gift deed because in 99 percent of the cases the courts have delivered judgments against revocation. However your brothers cannot have any case against you.

Refer:

https://www.indianexpress.com/news/hc-cancels-gift-deed-restores-house-to-lotika/546749/

https://indiankanoon.org/doc/349157/

Sir,
 Thank you very much for your prompt help.  I got an information from one of my upper authroity that central govt. is going to implement a rule that all the sibbiling have equal share on parents earning property irrespect of their wish to give whom they like to.  If I go for gift deed, then later it will be a problem, if the above rule is implemented.  Kindly tell me is there any rule going to be implemented or already there.

Amudha

Self acquired property can be used at will by parents.  That is existing rule position.  It is not in my knowledge whether any amendment is being made to that. 

Dear Sir,

I have done a gift deed of my parents property and it is their own self earned.  I have transfered khatha and paid tax on my name.    My brothers and sister have 3 major kids.  Do they have any right on their grand parents property?  My parents gifted me without anybody's consent.  If at all grand children put a case against the gift deed as they are major, will the case stand? 

Amudha