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Can brother claimshare in a property gifted to sister by grandfather


18-Apr-2023 (In Property Law)
I am Naveen, 43yrs age. I have an younger brother who is 39yrs age. We have been living in our house, which was given as a gift deed to my mother, by her father(my grand father). My grand father acquired it from his father. Now, my maternal uncle(my mother's younger brother) is claiming a share in this property. He is pointing out that they are still part of an HUF(Hindu undivided family) where the karta is still my late grand father. Please guide how to proceed in this case.
Answers (3)

Answer #1
814 votes
Hello,
For the query you posted,I would suggest the following:

Indeed under HUF the reruns legal heir has the right to claim in ancestral property, but here a question of gift deed comes which needs to be tallied with facts and circumstances which aren't very clear.
For the same you need to bring in light all the facts clearly and thus proceed legally.

I hope this answers your query.

Best
M.Faris
Answer #2
704 votes
I have read and understood your query and shall be able to address your concern as I specialise in property matters. However I shall be needing some additional information so as to guide you well accordingly.
Answer #3
618 votes
Hi,
You have a very strong case and your maternal uncle cannot demand anything in the said property as it has been exclusively gifted to your mother In fact your grandfather can't even take this property back after been gifted.
Feel safe nothing to worry
All the best

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