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Whether remaining sons have right over gifted property


17-Nov-2023 (In Property Law)
we are four brothers and we want partition of the properties which we had from the our late parents.third one of us going to reach court for partition among us. till now there are several issues happened on these properties. major thing is fourth one of us had a house through gift deed from our late mother when she is alive. my mother had it through settlement from my father and my father had it through partition of my grandfathers property after his death . now the question is whether the remaining sons have rights on that gifted property. also my mother is cared by third one of us for five yrs when she was on cot. my mother passed out on2015.now the third one is asking two shares as he cared our mother . is it law.please clarify for my two questions, will the third one get two shares and does we have right on gifted property to my brother .we are HINDU
Answers (3)

Answer #1
888 votes
Your questions is now the third one is asking two shares as he cared your mother . is it law.
No there is no law that he can ask an extra share on your property .
2. does we have right on gifted property to my brother .
If the gifted property registered then u can challenge the gift deed.

Thanks
Answer #2
509 votes
Hi
A property in the name of a woman is her absolute property and she can execute a Gift / Will to whomsoever she wants.
So who ever has the Gift deed executed by the Mother, is the absolute owner and no person can claim a share of this property(house).
The Remaining properties are open for partition and these properties will be equally divided amongst the legal heirs.
thanks
Answer #3
555 votes
the claim put forth by the third one, does not stand in the eyes of law. As you are governed by Hindu law of succession and inheritance the same devolved on your father during his lifetime and it appears from the facts that property has already been partitioned in your fathers favour and the same now stands in other brothers name. You cant have any claim over the property.

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