division of property which is gifted


My grandfather passed away without writing a will. He allowed one of his son (My uncle) to construct a house in the second floor of the property (grandparents resided in ground floor). He also gifted 450sqft. of the groundfloor land to him. My uncle wants to sell the second floor house now. Is it legally possible for my uncle to sell only his house(second floor) without any consent from his siblings??

Answers (1)


239 votes
On death of your grandfather, his properly devolves upon his legal heirs in equal shares. Since he gifted the ground floor, the same can not be divided among his other heirs.
The first floor is liable to be partitioned among all his legal heirs . However your uncle has right to compensation for the cost incurred by him in raising the constructions on first floor.


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