Respected Lawyers,
I am in need of your experienced opinion in a property matter. Issue goes as such:
My grand mother {X} (my mother's mother) is having a property which she acquired from my grandfather {Y} after his death. My grandfather was adopted by his grandmother{Z}, but there isn't any document to show proof that he was adopted. After Z died, both my grandfather {Y} and grandmother {X} along with their daughters(3) and son's(2) were dwelling in that property. My grandfather {Y} died in 1967 shortly after the marriage of his first eldest daughter. In the following year i.e. in 1968 his eldest son died. From 1968 my grandmother {X} along with remaining unmarried daughters (2) and younger son were dwelling in the said property. My mother i.e. one of the unmarried daughters of my grandmother was the sole bread earner of the family for a quite a while. My aunt who is younger to my mother by nearly 14 years. My mother had her own money invested in raising her younger sister. In 1978 my mother got married, she bear her marriage expenses with out being burden to my grand mother{X}. In 1982 my uncle i.e the youngest son on my grandmother {X} got married. In 1984 my aunt (youngest daughter of my grandmother {X}) got married and the all the marriage expenses were covered by selling portion of the property.
Now my uncle (youngest son of my grandmother {X}) is planning to gift away the property to his son by making my grandmother sign the gift deed.
My queries in regard to this are:
1. Is this property ancestral property.
2. Can a get a gift deed done in favour of his son.
3. Is it questionable in the court of law by other grandsons and granddaughters and daughters.
I want to file against any such gift deed, is it maintainable in the court of law, I wish to fight for the rightful share of my mother i.e equal share for all the siblings of my mother.
Please kindly advice me on the same.
Regards,First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Property which has remained undivided for four generations is ancestral property
2) in the event grandmother executes gift deed in favour of your uncle you can challenge gift deed on grounds that it has been executed by undue influence or coercion
3) you have not mentioned what is grand mother age and whether she is suffering from dementia or any such illness affecting her mental faculties
4) as far as grandmother is concerned it is not ancestral property
Hiii, all the siblings including your mother has a equal share in the property.. Such a gift deed is invalid in the eyes of law.. You can file a civil suit of permanent injuction in order to restrain him for making any gift deed
Ancestral Property: A property which has not been divided for 4 generations.
Yes gift deed ca be done and a gift deed can only be challenged on the ground that such deed was done under coercion or that the person was mentally incapable to gift the property.
Regards
1. You have just stated that your grandmother acquired this property from her husband after latter's demise, but your query is silent on how she 'acquired' it. If your grandfather died without making a will then his property devolved on his widow and all children equally.
2. Your mother's share in the property is equal to the share of her brother. She can file a suit for partition and temporary injunction against her brother to divide the property and cull out her share therein and also restrain her brother from selling the property during the pendency of the suit.
3. Your grandmother can gift only her share, not beyond it.
4. By no method of legal interpretation it can be termed 'ancestral property'.
1. This is not ancestral property to anyone.
This property was or maternal grandfather's own and absolute property actually it devolved on all his legal heirs after his death.
There is no automatic route for your grandmother to acquire the property after your grandfather's death.
Therefore this property will devolve on all the legal heirs of your deceased grandfather, i.e., your grandmother, and her five children.
Since one son is reported to have remained unmarried till his death, his share of property shall devolve on his mother who is the legal heir to succeed to the estates of her deceased son.
Therefore if the property was divided into six equal parts, your grandmother was entitled to 2/6th share in the property, she can dispose or transfer this share of property to anyone of her choice.
Similarly your maternal uncle is entitled to only 1/6th share in this property, which alone can be transferred to his son as a registered gift deed and not the entire property.
Your mother is entitled to 1/6th share in the property left behind by your deceased grandfather.
2. Your uncle can transfer his share in the property as gift to his son and not beyond that.
3. The grandchildren do not have any rights or shares in the property during the lifetime of their respective parents.
Your mother is entitled to 1/6th share in the property, she can fight for her rights by filing a partition suit
