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Claim on ground floor by gift deed property
22-Jul-2023 (In Property Law)
I received whole independent house through Registered will. Later on I gave part of first floor to realtive through gift deed.
Can first floor relative claim land portion on ground floor or do I have absolute ownership of land and floors above first floor as I had absolute ownership of full property and only gift deed first floor?
Well, the Gift Deed needs to be check in light of the claim which has arised from the Donee. If the entitlement in the Gift is limited to First Floor premises, they cannot claim or encroach uopn other areas. Rights of parties are limited to their share in the property. Land cannot be claimed if only appurtanance is transferred formally with a registered deed.
You can simply remove all anomalies without any further deliberation and get their goods out of your owned premises, land belongs to you in your name and only an apartment is given to them, they don't hold rights in the other areas, unless such tights are given to them in the agreement.
Moreso an opinion can be deliberated only uopn seeing the title documents of the property.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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No, he can't. since you have gifted the first floor to the relative. their right is limited only to the first floor. Yes, you have right over all the property except the first floor. Yes, you have absolute ownership over the property except the gifted part.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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