My father died inestate and I have filed civil suit for partition in my father's property. The other legal heirs are my mother, 2 sisters and 1 brother. My mother and 2 sisters are not defending the case. But my brother and his son are defending. My brother son because my mother gifted the property to him without the consent of legal heirs.
During the lifetime of my deceased father he had given unconditional gifts in the form of gold and cash to all the legal heirs. He has not taken anything in writing from us while gifting to all the heirs. It was out of love and affection. Now when we are trying out of court settlement my brother is asking me to adjust the amount of gifts which our father had given.
Since this is unconditional gift and neither advance against inheritance I presume this becomes my streedhan. Hence I have denied any adjustment in my claim of 20% in the property of my father.
Please advise and also if he can challenge this in the court.
