Property

sekhar (Querist) 01 December 2011 This query is : Resolved
Sir,
we have a ancestral property came from Grand fathers,my father n his elder brother,both expired,till now we r giving share to sister(father brother daughter).Last week i brought records from village,in that records(ANDANGAL n map n 1b)all r on my dads name,presently now on my mother name,here our lawyer told us that if my mom give us a gift Deed or do registration on our(me n my elder brother)name,complete rights come to us and there is no need of giving share to our sister(dads brother daughtr),is it true please tell us information.

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V R SHROFF (Expert) 01 December 2011
It depend on Record of Right,
If sister / brother already released their right in favour of your father, it is ok, You can get absolute right, and need not share.

Devajyoti Barman (Expert) 01 December 2011
Has your uncle's share has been relinquished in your favour?
If not then you can not transfer the half share of your uncle.

prabhakar singh (Expert) 01 December 2011
Yes!On facts stated by you both your uncle and your father were owning this property 1/2 and 1/2.Merely mutation in your mothers name on death of your father can not keep successors of your uncle deprived of succession.

On the death of your uncle if he left his mother, widow, sons and daughters then all are legally entiled to inherit his 1/2.

The same is the position at your side for the other1/2.