GIRISH KUMAR 05 July 2016

Grand mother property rights to his successors

Dear sir,

My father has written and given me a gift deed he also mentioned that no family disputus can distrub his gift deed,
which is my grand mother's purchased property passed to my father)
My brother & sister has not intrested at the time of registration, and my sister has been one of the witness, another is my chaa
at property registration time, brother was absent due to his job at mumbai., father medication & mother responsibility has been
on my shoulder from day of father got ill(liver problem),till he passed away i took care of him, due to some Job Transfer reasons
i have planned to dipose it, but it property tax is not transfered on my name, iam planning to go for it,
i have paying property tax which is on father's name(from 1year of his passaway) , due to some reasons
my brother & my-self got disputes, he is not intrested to take of mother, and now he is thretening to file a case on property share,
he had a 1 kid of 6months, and i have two daughters of schooling ( 8,3 years)., brother is saying that the moment,when i transfer my property
to my name from father name, it's time to file a case on me cheating property case., and other case like her kid's right of property..

please guide me., suggest me wat to do..

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4 Replies

Kumar Doab (FIN) 05 July 2016

You may confirm the following:

1. Are you Hindu?

2. How did your grandmother acquire the property? Is it self earned/self acquired for her?

3. How did grandmother's property pass on to your father e.g; inheritance/WILL/sale/gift etc?

Generically speaking ; Property from mother's side is not ancestral.

If your grandmother was owner of the said property she can dispose it in any one's favor in her lifetime by a valid deed.

If your fathther was owner of the said property he can dispose it in any one's favor in his lifetime by a valid deed.

NO one has forced share in it.

GIRISH KUMAR 06 July 2016

1A : yes, we are hindu

2A : It is self-earned,

3A : Grand mother property pass on to the father by gift deed ..registered,

4a: Father to me passed by a gift deed written & registered by my father.

JustAdvisor (IT) 06 July 2016

it was your father's self acquired property which he validly passed on to you vide a gift deed. you are the true owner of the property in my opinion. your brother may at most challenge the validity of the gift deed in which case please consult an able counsel specialising in property matters.