Rights on an immovable property after Gift deed
Querist :
Anonymous
(Querist) 03 October 2015
This query is : Resolved
Respected Sir/Madam,
My query is related to Transfer of an immovable property given by my grandfather to my uncle via gift deed..
Que: My father bought an immovable property arnd 28yrs back which was our residence till last year.. this property was purchased by my father after selling ours old residential property in the name of my grandfather..
When the partition happened betn my father n uncle, my grandfather made a gift deed in favour of my uncle without intimating us about the same.
What are the remedies available to us for the same..??
Anirudh
(Expert) 03 October 2015
"You say that "My father bought an immovable property.
Whether the said immovable property was registered in the name of your father? If not, it was registered in whose name?
Guest
(Expert) 03 October 2015
Anonymous Thread
P. Venu
(Expert) 03 October 2015
When was the gift deed made? What is the stand of your father in the matter?
And more importantly, why you want to remain anonymous?
Kumar Doab
(Expert) 03 October 2015
Don't post query as anonymous.You will get more replies if you don't post as anonymous.
Dr J C Vashista
(Expert) 04 October 2015
Academic query of an anonymous person, no reply.
Querist :
Anonymous
(Querist) 07 October 2015
@Anirudh: Sir, my father purchased the new property after my grandfather sold our old residential property...
It was registered on the name of my grandfather..
But without intimating us about his decision, he made a gift deed of the said property in the name of my uncle..
Querist :
Anonymous
(Querist) 07 October 2015
@Anirudh: Sir, my father purchased the new property after my grandfather sold our old residential property...
It was registered on the name of my grandfather..
But without intimating us about his decision, he made a gift deed of the said property in the name of my uncle..
Querist :
Anonymous
(Querist) 07 October 2015
@P.venu: gift deed was made around 4 yrs back n v came to know about it after 1 year..
Anirudh
(Expert) 07 October 2015
Since the property was in your grandfather's name, he has every right to do whatever that he wants to do with it. So, if he has gifted the same to your uncle, you will not be able to do anything about it.
You say that he purchased the property 28 years back by selling the old property.
Only when you come with details about the old property, who purchased it, in which year, what happened to that person, how that property came to the hands of your grand father, in which year it came to your grand father etc. etc. then it will be possible to check up whether you have any case or not.
Guest
(Expert) 07 October 2015
Forget it. Your uncle is the absolute owner of the property now. Why do you feel that your grandfather was obliged to intimate you or get permission of any of the family members to dispose of property in any manner he liked, if registered in his own name?
P. Venu
(Expert) 07 October 2015
What is the relation between you father purchasing the new property and the grandfather selling the old property? In other words, was the new property purchased out of the proceeds of the sale of the old property, in whole or in part?
Who made the gift - father or grandfather? If it is the latter, what is the stand of your father on the transfer?
Querist :
Anonymous
(Querist) 08 October 2015
@PS Dhingra; Sir I accept that my uncle is the sole owner now... but my query is as per the transfer of property act, a father can deal with his property in any manner as he likes that can b either to dispose of, allign it, mortgage it, or deal with it in any manner bcoz he is the Karta of the family n no family member can take objection against his rights...
But since I belong the 3rd generation in my family, so as per coparcenary rights, I can claim my right in that property but not my father.. as I m the legal heir in the said property..
Whthr I m correct abt this point or not..???
Guest
(Expert) 08 October 2015
Mr. Anonymous,
Do you feel that your father has become the owner of the property if the property of your grandfather is sold or any other purchased through your father?
About karta, have you ever mentioned in description of your query that yours is an HUF and how you treat that as HUF. Several questions may arise out of your present description about karta, i.e., (1) On what specific grounds you consider your family as HUF? (2) With what specific reason you consider the property in the name of your grandfather as joint coparcenary property? (3) Was not your grandfather the karta of the HUF? (4) Who declared your father as karta during the life time of your grandfather? (5) Are you keeping the the accounts of the whole family as per the provisions of law on HUF? (6) Are you paying taxes as applicable to HUF? Now, who is karta of the joint family? etc.
So, before asking your question, you must have given full description of the status of your family vis-a-vis the property.
IN FACT, YOURS IS QUITE A VAGUE QUESTION.
However, if you still believe that you are the legal heir for the purpose of share in the property, you may better hire a lawyer and file your case in the court of law.
P. Venu
(Expert) 08 October 2015
Yes, you may file a partition suit and try your chances.
Querist :
Anonymous
(Querist) 09 October 2015
Thanku Sir for ur valuable opinion on my query..
