Gift deed land
sagar
(Querist) 23 January 2014
This query is : Resolved
hi sir i have some land which my father gave me as gift deed in 2013. land was ancestral land but now my father"s sisters want their share in the ancestral property. do they have any right in my land??
V R SHROFF
(Expert) 23 January 2014
do they have any right in my land??
Ans: YES.
sagar
(Querist) 23 January 2014
sir but my father has gifted this land to me by registered gift deed and land is mutated in my father name..
sagar
(Querist) 23 January 2014
sir but my father has gifted this land to me by registered gift deed and land is mutated in my father name..
uttamtibrewal@yahoo.com
(Expert) 23 January 2014
Mr Sagar since the land is ancestral so all the siblings of ur grand father have right in the land.... So your father do not possess full right over the land so the gift deed made can be challenged and cancelled...for any query do rpely back
sagar
(Querist) 23 January 2014
sir but some land i have purchased from my father what about that land???
Devajyoti Barman
(Expert) 23 January 2014
First explain how is this land ancestral.
Rajendra K Goyal
(Expert) 24 January 2014
For ancestral land all the legal heirs have right on the property. Land purchased was if ancestral in the hands of your father, your father was not absolute owner of that land also.
sagar
(Querist) 24 January 2014
Devajyoti sir, my father got this land from his father and his father got this land from his father.. and now i purchased it from my father by sale deed..
sagar
(Querist) 24 January 2014
Rajendra sir if purchased it by sale deed nd paid proper amount of land according to circle rate ..so how anybody can claim it.. coz now it is legally mine..
Devajyoti Barman
(Expert) 24 January 2014
The sisters of your father has share in it.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
Your father cannot acquire the land just like that if it was ancestral property and he has no rights to sell entire property to you. Your paternal aunt has rights in the property
sagar
(Querist) 25 January 2014
sir but at time they dint claim any thing and lawyers told us daughters has no right in agriculture land in uttarakhand....
so now can they ask their share from my land or the money i have give to my father..???
ajay sethi
(Expert) 25 January 2014
as advised by experts your sisters have right in said ancestral land . your father could not have executed gift deed in your favour . sisters can challenge the gift deed . it is not your land sir it is ancestral land
Rajendra K Goyal
(Expert) 25 January 2014
Your father was not absolute owner of the property, his gift / sale can be challenged.
uttamtibrewal@yahoo.com
(Expert) 25 January 2014
Mr Sagar....
As per ur query its an ancestral land and ur father does not have power to sell the land... rest accurate advice can be made only after going through the documents... so you need to send me the related documents.
Devajyoti Barman
(Expert) 25 January 2014
Your aunt can lay their claim even now..that past silence does not shut their right for share in it.
prabhakar singh
(Expert) 25 January 2014
As the land is ancestral the registered gift
made by your father is valid only up to the share he had in the property and not beyond that.All other can claim their share.
sagar
(Querist) 25 January 2014
but if i purchased it she can claim on money my father got from me not on my land.... she should ask before ... now why should i return my land... legally its mine... because i have paid for that..
Devajyoti Barman
(Expert) 25 January 2014
stay calm for now, the suit is not going to be heard so soon.
sagar
(Querist) 26 January 2014
hehehe ok and Thanks for suggestion.
R.V.RAO
(Expert) 16 February 2014
yes,as sri prabhakarji viewed it,your father's share of property can be gifted to you,plus your own share being ancestral.
if your aunt is the only other legal heir,2/3rds of property is yours.
you can if u want buy out her share and get release deed, to become absolute owner.
