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Joint family property with gift deeds and without partition
23-Aug-2023 (In Property Law)
In the event of my brother 2nd marriage, as a surity, My father gifted 4.14acre to my brother, my grandmother gifted 4.14acre to my brother wife in 1984, after that they moved to hyd for business, no transfer of patta, no possession, no enjoyment for my brother & to his wife, neither they claim nor my father delivered as of now, my father got 30acr ancestral property including above 8.28acre.. Now on 18/06/2016 my father gifted 5acre to my son. By proclaiming his 1/6th share. Which includes 2.50 & 2.50 acre of early gifted property of my brother & his wife. We are Hindus, now how to contest??
HI
If it is a oral gift by your father and grand mother to your brother and brother's wife, then there is no need to worry. Only a registered gift deed is valid. Hopefully your father has gifted 5 acre to your son by a registered gift deed.
Even assuming that your father and grand mother had executed a registered gift deed to your brother and brother's wife in the year 1984, you can always state that the Gift was not accepted by your brother and his wife( no transfer patta, no possession, no enjoyment of property are good grounds of Gift not accepted) and hence your father has valid title on 18-06-2016 on the property and hence the Gift deed dated 18/06/2016 is valid.
If it is a oral gift by your father and grand mother to your brother and brother's wife, then there is no need to worry. Only a registered gift deed is valid. Hopefully your father has gifted 5 acre to your son by a registered gift deed.
Even assuming that your father and grand mother had executed a registered gift deed to your brother and brother's wife in the year 1984, you can always state that the Gift was not accepted by your brother and his wife( no transfer patta, no possession, no enjoyment of property are good grounds of Gift not accepted) and hence your father has valid title on 18-06-2016 on the property and hence the Gift deed dated 18/06/2016 is valid.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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