Gifted property rights

SRIKANTH (Querist) 16 January 2014 This query is : Resolved
Respected sir's

Myself Srikanth writing from Taminadu.- I request your vauable advise/opinion on the following.

One of my ancester property came to my father under partition in the year 1956.

My father has 5 childrens including me. In which he has given that ancester property to my elder brother in the year of 1988. the same got registered.

Now my father died in the year of 1994.

The gifted property is now utilised by my elder borther aso he's processing for sale.

Now I need your clarification whether i could claim rights in the property?. If yes please advise me in what form?

Thanking you

Srikanth

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ajay sethi (Expert) 16 January 2014
once gift deed is executed your brother is absolute owner of property . he is free to dispose of the same . if at all you want to litigate you have to challenge the gift deed

Guest (Expert) 16 January 2014
Actually your father's shares to be split in to 6 parts.The gift deed would entitle your elder brother for an additional share of your father that is 2/6 th of the share would go to your elder brother and the remaining to be shared by 4 of you. Consult a Lawyer challenge the Gift Deed,File a Partition suit,Obtain a Stay for the selling Process Give a news paper advt thro your advocate regarding the same.

SHIRISH PAWAR, 7738990900 (Expert) 16 January 2014
Father can gift his share only i.e. 1/6th share in ancestral property. You can challenge the gift deed. However in your case your father died in 1994 so prima facie there is a delay.

Guest (Expert) 16 January 2014
Delay could be condoned on valuable grounds such as having faith on own elder bro etc consult a lawyer.

Rajendra K Goyal (Expert) 16 January 2014
File suit for partition and challenge gift deed. Agree with the advice of expert N.J.S.Rajkumar alias narasimhaise ji.

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