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harris john (business)     29 October 2018

How to get legal for the gifted land

Hello Sir

Based on the agreed family partition my grandfather got 4.5 acres of his share in ancestral property. The katha of that property was in my grandfather name. My grandfather has two children my mother elder and my uncle younger. After my grandfather death in 2002 the katha was changed to my grandmother name and she was the owner of that land. My grandmother has given a share of land (1.5acre) to my mother through gift deed in 2009, my uncle has witnessed the deed and it is registered. After this that portion of 1.5acre of land katha has been changed to my mother name and she is in possession. Now when we went to get legal for that land, lawyer has said that being an ancestral property your grandmother cannot gift the land to your mother and you uncle has share in this property. Now my grandmother is no more and the remaining 3acres of land katha has been changed to my uncle name and my mother has signed as an agreement for change of katha.

Kindly advise how to make my portion of land 1.5 acre a legal one. 

I have few options below kindly confirm which shall be legally binded one

1) Getting a confirmation deed from my uncle and his two sons (one major & minor) for that gift deed.
2) Making a partition deed b/w my mother & uncle showing our share of land and his share of land and getting it registered.



Learning

 4 Replies

mainak mayukh 007   29 October 2018

according to hindu Succession act, after demise of your grandfather the total share of said land should have been distributed into 3 equal share i.e 1.5 accr each. so your grandmother would be the owner of 1.5 accr. so your grandmother could gift her portion to your mother.

harris john (business)     29 October 2018

Thanks for the confirmation Sir. Can we also make a partition deed blw my mother & uncle

Shashi Dhara   29 October 2018

First the land is divided to three shares one share Ur grand father remaining two shares to his two children's equally.each gets 1.5acres.after Ur grand father's death his share 1.5 acre is divided between his wife and children equally i.e. Ur grand mother will get only 0.5 acre only as her share. She can gift only that her share only.

mainak mayukh 007   29 October 2018

If your grandfather died leaving behind only 3 legal heirs i.e your grandmother, your uncle and mother. So the property has to be divided in equal shares. 1.5 accr each

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