kumar aaaa (se) 27 July 2010
There is one Ancestral Property, which is a seft acquired property of my Grand Mother and that property as been shared between two sons by the way of gift deed to my father and my uncle.
my Father is having 2 sons, one is me and my Brother, that property has been gift deed to my brother without my knowledge. My Father is still Alive.
What will be the rights to me to Challenge that property?
What will be my portion?
Bhartiya No. 1 (Nationalist) 27 July 2010
Do u mean to say that the property ur father recieved in gift from your Grandmother, has been gifted to ur brother from ur father, without ur knowledge?
Whatever property ur father recieved in gift is his exclusive to him, so he can give to anyone he likes?
Above is as per me, let us wait for the opinion of other experts, or u may cross check with any good civil lawyer.
cyberlawyer (barrister) 25 September 2010
The self acquired property of your G.M which is bequeathed to father via gift deed is an ancestral property to yourself and your brother . Ancestral property can't be willed. You and your brother are entitled to equal share as it is an ancestral property...
Whether it is gifted or not is not immaterial. Experienced lawyers please dont hesitate to correct me if i am wrong...
Abhishek Mawle (x) 26 November 2010
Execution Petition by Legal Heirs
My father had filed a suit for damages against a Company, my father passed away 0n 31st December 2009,subsequently I approached his lawyer and informed the same to him he told me we can file the petition to implead the legal heirs later on, I received the death certificate of my father on 16/04/2010, I Informed the same to my lawyer he told there is no need to file the Legal heir petition now as the same could be filed in Execution Petition if we are successful in getting a decree against the defendant. Now a decree has been passed in our favor on November 3rd, 2010.My question is how do we file an Execution Petition, Do we need to obtain a Legal heir certificate from the court or Succession certificate or directly file an Execution Petition Directly by declaring me and my sibling’s as Legal heirs of my father. Please Advise.
Law $ aam (Executive) 10 January 2011
The property is self acquire property of GM, which is bequeathed to ur father via gift deed it means now it is the ur fathers property acquired from grand mother as gift not as ancestral property . So father is free to gift/will it to anybody.
The opinion of experts needed.
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