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Sister donated property to me now their son objecting
21-Mar-2023 (In Property Law)
Respected Sir, We are 4 sisters and 1 brother. All 3 sisters signed donated the paternal property in my (only brother) name. Property is now transferred and registered in my name. 1 sister who expired at the year 1967, after her marriage (have 2 son) was not included in the list and 1 son (my nephew) is threatening for a land dispute case. Some details: Father expired 1990 and mother 2014. (death certificate avlb) property get transferred to my name on 2015 transfer done via a registered gift deed. Q1) can my nephew really do something legally? Q2) if yes, what will be my standout?
Assuming that you are Hindu, In case a property is a self-acquired property then according to the recent Supreme Court judgement, if your father passed away after 2005 then all the legal heirs would have equal share in the property and if the father passed away before 2005 then daughters would have no share in the property. But if the property is an ancestral property then all the legal heirs will be distributed according to Hindu Succession Act therefore yes your nephew can claim his share in the ancestral property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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