Advocate Aasha V

Questions Answered by Advocate Aasha V (25+ answers)

Q: Can My Uncle Claim Property Without Caring for Grandparents?

My grandfather owned a house and passed away 10 years ago. My grandmother is now sick, and only my family takes care of her. My grandfather had 3 sons and 3 daughters. One of his sons, who left after marriage, provided no care or support to my grandparents. Despite this, he expects a share of my grandfather's house. The rest of the family disagrees due to his lack of involvement. Is he legally entitled to a share, and are there ways to challenge his claim or reduce it?

Advocate Aasha V answered
Family Settlement*: Try to negotiate a family settlement where Son A agrees to waive his claim or accepts a reduced share in the property and File a suit in court to declare Son A's share in the property, considering his negligence and abandonment. The court will decide on the share based on the evidence presented and File a partition suit to divide the property among all heirs, including Son A. The court will then decide on the share of each heir.

Q: My sister in law is trying to revoke My gift deed gifted by ma father.

Sir, In the year 2000 my father gifted a land(plot) area of 183.3 sq.yards to me as I'm the the younger daughter of my father. Pasupu Kumkuma gifted a plot of area 183.3 which is owned by ma father and he was bought it in the year 1986. But after 23years my sister in law sent a notice to cancel the gift deed. As my father having 4childrens including me (2brorhers &2 sisters). All were settled and disbursed equally to those. But as of now they are trying to cancel my gift deed registration.

Advocate Aasha V answered
According to Article 59 of the Limitation Act, 1963, there is a limitation of three years from the day he or she learns of the fact that entitles him to do so to have the Gift Deed cancelled or set aside.

Q: Does original documents be submitted in court gift deed cancellatio in

My mother has given a property as dowry to my husband and me with joint ownership and now my spouse has filed a divorce case against me on false grounds stating that they haven't received any dowry so now in order to make appeal in court for cancellation of gift deed our lawyer is asking us to submit the original documents my doubt is submitting original documents is compulsory for this case or not...please help us

Advocate Aasha V answered
Yes, u can cancel the gift deed in case of an incomplete, mutual agreement, and recession in agreement, a gift deed can be canceled without the interference of the Court. And if you are unable to produce the original documents u can produce the certified copies in the court.