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JITENDRA NATH GHOSH   26 September 2018

Inheriting property bypassing sister & selling it

We are Hindu (Bengali) from West Bengal. My Grandfather had inherited a property (recorded in CS record) from his father intestate. Grandfather died in 1970. My Grandfather had one son (my father) & one daughter (my aunt, Married). After the death of my grandfather, my father recorded the entire property in his name and recorded in CS record in the year 1990. My father has two son, Me & my elder brother. In 2008, my father gave all the property to my brother through gift deed (registered) and the same was mutated later. My brother then sold the entire property in 2010. My father died in 2018. I have two main question:- Q1. Whether the gift deed by my father & selling of the property by my brother is legal? Since my father has recorded all the property in his name bypassing my aunt. Q2. Whether there is any scope for ME for getting a share in the property which has already been gift deed & mutated and later sold by my brother? Can the gift deed & the selling be challenged?



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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     26 September 2018

Dear querist,

When your father transferred all the property to his name after your grandfather death that time there was no provision of daughters as legal heir which came in effect on 2005.

 

Your father was competent to give property as gift deed and your brother has all right to sell the property.

 

Answer to your chance for any gain in property is on negative side.

 

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

JITENDRA NATH GHOSH   27 September 2018

Sir, Thanks for the reply. But what that law which states "The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner." ?


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