Gift property
K.padma
(Querist) 23 March 2012
This query is : Resolved
Respected sir,
my grandpa was experted before 5years.In his name some lands are there.my gandma get that power after my grandpa death.but my grandy wrote some lands to my small father as "gift" property without my dad consult.and that property are registered. recently, my dad know this matter.
Now , how can we proceeds through court.in which section. so pls kindly advice me...
Shonee Kapoor
(Expert) 23 March 2012
If it was a gift and the properly was duly registered, there is nothing you can do.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jai Karan Nagwan
(Expert) 24 March 2012
AS per HSA your grandma is one among the other survivor, so cant do so on the basis of rule of intestae succession. Your father can not be avoided being sharer in the intestate succession. Secondly if you were in existence at the time of transfering propert on your uncle name, this can not be done by your grand mother, becase for you this is ancestral property, may or may not be for your father.
Secondly, very religious query to you, why parents do so, all knows that answer. Request you give love, affection and care to your grandma, half of the battle is in your favour and fight legal battle for declaration of title. You will get your right.
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Padmaji,
Your grandma would have bequithed the property as per HSA 1956.
Kindly answer the following questions.
1.How many children your grandma has?
2.Did she get the property by normal succession or through a will by your grandfather or gifted by your grandfather.?
3.Is she living with your father or your chacha.?
4.Totally ho many grandchildren are there?
5.Has she given only the rightful share of your chacha?
Then we here can come to a conclusion and advice you properly.
As it is ancestral property as far as grandchildren are concerned,they can everyone can claim equal share.
adv. rajeev ( rajoo )
(Expert) 24 March 2012
After the death of the grand father, his legal heirs including your grand mother are entittle for equal share in the properties of your grand mother. YOur grand mother had no right to gift the entire property, at most she has right to gift her share only. You father will have to file a suit for partition and seperate possession.
Shonee Kapoor
(Expert) 28 March 2012
Please read. Grandma got the power after his death to deal. That means the Grandma could dispose off property.
Also, she has gifted some land, so if it is just her share, then there can not be any issues in it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
