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submitted application to SDO lying pending.can stay order be filed?
11-Aug-2023 (In Property Law)
Kindly intimate me we have an ancestral land means my father is alive. We are 3 brother and two married sister earlier no property divided joint family i.e.real heir but now I came to know that my father has gave GIFT DEED of land property to the son of elder brother despite no intimation to real heir and some land property to elder brother and his wife. Can it is legal? I am legal heir submitted a application to SDO but case lying pending with SDO. Now I ask you what we real heir to do? Can a legal suit we have to file? Stay order against the Gift deed can accord/issue against GIFT DEED. Please provide appropriate and legal advice..
Since the property is not purchased by your father and it is an ancestral property, the right on the property belongs to all the legal heirs of your grandfather which includes you, and your father has no right to gift it to the person of his choice as he himself has no title over the property except your forefathers whoever has purchased the property has by way of Gift or by WILL have transferred the property in the name of your father. You first have to check whether your father by any means the property was transferred to your father name, if NO, then you can file suit in the Court and get Stay on the implementation of the Gift.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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your father can not transfer ancestral property as per his wish . if he does you can get it back by legal recourse .
for now you have to apply to the collector with proofs of pendanci of your application at SDO ,then to do then to minister and after that a writ application to high court.
for now you have to apply to the collector with proofs of pendanci of your application at SDO ,then to do then to minister and after that a writ application to high court.
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Adv. Avinash Jagannath Pawar
Mumbai | 25+ Answers
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