Sir, My uncle (elder brother of my father) expired 5 years back. He was having ancestral property of 18 acres. After his death, mu aunt was looking after land. Recently she also expired. They don't have children. Before death, my aunt gifted the property to her brother through registered gift deed. Can we now challenge the gift deed. Please advice.
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Hello,
You have a right in your uncle's property, since the same was not self acquired but was ancestral property. So if the entire property was transfered by gift deed without giving your share then you can challenge the gift deed and file a suit for partition thereby seeking share.
Regards
Sir, Thank you. can you give some judgement details for the same.
you can file suit to set aside gift deed as your aunt could not have transferred ancestral property in her brother name
2) your aunt was not absolute owner of the property hence suit can be filed to set aside gift deed
3) seek injunction restraining sale of property
1. If the aunt had executed the gift deed to her her brother then it is a valid deed and I wonder why and how you could challenge this.
2. In any event you being the second class legal heir do not have preference than her brother.
3. So you do not have locus standi to challenge the gift deed.
After your uncles death your aunt was the legal heir of the property.. If she has transferd or gifted to her brother then it cannot be challenged
1. Since the property was the ancestral one, after the death of your uncle & aunt, the entitled persons to the instant property are your uncle's siblings and in case the siblings are not alive, then their children are entitled to the claim on the property.
2. Hence the registered Gift Deed executed by your aunt in her brother's favour can be challenged in a Court of law.
What was the basis that the aunt got the property transferred to her name?
If she was the only class I legal heir then she has full rights in the property.
This becomes her own property hence during her lifetime she can transact with the property in the manner she may decide to, nobody can object or question her authority as a right.
You are not the legal heir of your deceased uncle neither your father, hence you cannot claim any share in your deceased uncle's property nor you can challenge her rights to transfer the property to her brother's name.
Thank you. can you give some judgement details for the same.
There is no necessity for any judgment for the clear position of law.
1. On what basis do you call the property ancestral?
2. If the property was ancestral in the hands of your uncle and it was undivided then the share of your uncle devolved after his demise on his widow alone as he did not had any children.
3. Hence, the widow of your uncle being the sole surviving legal heir of your uncle, was at liberty to gift or bequeath the property in entirety to anyone she desired. Consequently, you have no locus standi to challenge the gift deed.
