Sir,
The immovable Property was Purchased by X (Grand Father). He has his wife(Y) including 4 Son and 3 Daughters.
4 Son (A,B,C,D)
A Married and has 3 Son and Wife (H, I, J, K) (A Expired in 13 Yrs Ago)
B Married and has 2 Son (L, M) (Wife Expired 2 Months Ago)
C Married and has 1 Son and 1 Daughter (N, O) (Wife Expired 8 Yrs Ago)
D Married and has 2 Daughters (P, Q) (WIFE ALIVE)
3 Daughter (E,F,G) and WIFE (Y)
E Married and has 2 Son (R, S) (Husband Alive)
F Married and has 2 Daughters (T, U) (Husband Alive)
G Married and has 2 Son (V, W) (Husband Expired 9 Yrs Ago)
Now X has gifted his immovable property to his son (B, C, D) where as he has not given any share to (A, E, F, G, Y). However he has given all his Moveable Property (FD, PPF, PENSION, BANK DEPOSITS etc....) to his Wife (Y) through WILL and Y has also written WILL in the name of D.
X died and Y is residing with D.
Gift Deed is registered by its Original Owner (X) in the name of (B, C, D).
Now B, C, D has the Original Registered Gift Deed and they have got the Registry in their Own Name.
Now Here B wants to gift his share to his son without the knowledge of C and D.
And the Original Registry is kept with D at present. Since B don’t want to tell anything to C and D.
B has got the Duplicate Copy of Registry from the Authority.
My Questions are:
- Since the property was gifted by its Original Owner (X) to B, C, D. Hence A, E, F, G cannot claim any right on the said property till now.
2. Does B have any right to gift his share in the name of his son without the knowledge and signature of C and D, since the property is Jointly Registered?
3. Does any other Person from the Family of A, E, F, G can claim their right on the property after B gift his share to his Son?
4. Can this action taken by B will be called has Change/Modification/Null and Void/Cancellation of Gift Deed?
Regards,
M (Son of B)