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Repartition of property aftyer 16 years
26-Sep-2023 (In Property Law)
As my father had partition of ancestral property in 2001 and we have made gift registration of our own belonging property in 2001 and have paid tax till date As my father have two brothers and two sisiters as one sister & parents area no more. Now my uncle wants to file for repartition of property once again now this case will stand in court sir?
If your father has received the property by a family settlement deed, then, it becomes his own and he can gift to his children by a registered gift deed. If this is your case, then, your uncle cannot go for re-partitioning of the property. The case cannot stand in court of law.
If no such family settlement has been done by which your father got his share, then, your father cannot make a gift deed in the way you have explained. In this situation, your uncle can claim by his rights.
Another way of looking at this is: if it is an ancestral property, and as you have stated it is gifted by registration in 2001, your uncle has no case to stand in his favour.
Should you need further assistance, you can contact us.
Dr. Gubbi, Counselor & Advocate, Bangalore
If no such family settlement has been done by which your father got his share, then, your father cannot make a gift deed in the way you have explained. In this situation, your uncle can claim by his rights.
Another way of looking at this is: if it is an ancestral property, and as you have stated it is gifted by registration in 2001, your uncle has no case to stand in his favour.
Should you need further assistance, you can contact us.
Dr. Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
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