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Nishant (NA)     25 March 2012

Inheritance and gift effect

I need legal advice on this case.

A is a Great Grandfather (GGF).

B is a son (GF) and sole heir of A.

C , D , E are sons and G is a daughter of B.

P , Q are sons and R is a daughter of C.

X, Y are sons and W, Z are daughter of D.

J is a son of E.

S is son and T is a daughter of G.

Events :

-- A and his wife (GGM) is passed away.

-- B has inherited the property from A; you know how it is come to generation to generation, it is not by any mean of gift deed that I’m sure of. So B is the sole owner of the property that comes to him from A. Now B is holding the title.

-- C, D, E and G all been married.

-- B had several properties that comes to him from A (for example, A1,A2,B1,B2,C1,C2,D1); so in his presence he divided property equally between C,D and E. C gets A1, A2 ; D gets B1, B2 ; E gets C1, C2. Now B had keep property D1 for himself so he can live upon it.

-- T has been married.

-- G is passed away.

-- R has been married.

-- C is passed away.

-- When at the time of B’s passing away, he made a gift deed of the property D1 (in whole) in favor of X. This gift deed paper made by B to X is even mentioning in that B has inherited the property from A (varsagat) and he is transferring to X.

--What is a legal rights of E, P (myself), Q, S here ? Please advice; this is hindu case from Gujarat.



Learning

 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 March 2012

1.  IF  "B"  has divided the ancestral property of "A" amongst his legal heirs (C , D , E and himself) thru a family settlement deed, THEN the division & possession of the ancestral property is complete AND subsequent legal heirs may not be able to claim the divided property holding of "B"  (i.e. property no. D1).
Each legal heir of  "C, D, E"  have now respectively got rights to claim division of property from the ancestral property of their own fathers (i.e. C, D, E ).


2.  However, IF the ancestral property of "A" is not divided via a deed,  THEN the divided property holding of "B"  (i.e. property no. D1) continues to be classifed as "ancestral property". AND HENCE CANNOT BE GIFTED AWAY SELECTIVELY to any particular legal heir (i.e. X ).  AND the said property  (i.e. ancestral property no. D1) has to be proportioned appropriately and can be claimed by "ALL" the legal heirs of "B"  (i.e. E  major portion) and the other legal heirs of "C,D,"  (down the line as per the parameters & ratio described in the HSAct), as ancestral property.


Keep Smiling .... Hemant Agarwal


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