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How can we have a right in a property?
13-Sep-2025 (In Family Law)
The flat was owned by my grandfather and he doesn't make any will then after his death on 2009,the property was taken by my grandmother and my only father then he made a gift deed to Deveorced mother's son that is my stepson without concerning my mother and my siblings (we were under 18) and now he is the owner
Now what can we do?
You can claim right in the property as the property being ancestral. It does not matter if the gift deed is executed by your father in favour of your step brother. You have rights in your ancestral property.
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Adv. Keyur Kulkarni
Mumbai | 100+ Answers
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You can challenge the gift deed in Court. After your grandfather's death, the property would go to your grandmother and her children in equal proportion. If the same is to be transferred then consent of all of them is required. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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how the property taken by ur grandmother n father post demise of grandfather - was it through courts order?
if yes, do you have the copy of the courts certificate?
Regarding the gift deed its executed between whom?
do you have copy of the registered gift deed?
Helpful?
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
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Gift / Will
If the property is gifted to you through a registered gift deed, you become the rightful owner.
If a person dies leaving a will (registered or unregistered but valid), you can claim property as a beneficiary.
4. Purchase / Transfer
Buying property with a registered sale deed gives you absolute ownership rights.
5. Adverse Possession
If you openly, peacefully, and continuously occupy property without the owner's objection for a legally prescribed period (e.g., 12 years in India), you may claim ownership through adverse pr ion.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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