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Father gave his share of property to my brother
26-Apr-2023 (In Property Law)
My grandmother executed a settlement deed of her property in 1943 and due to this my father got his share of land property measuring 9.62 acres in Puttur Taluka, D.K. District, Karnataka State. My father without informing me transfered this whole property by settlement deed to my brother in 2003 and died in 2005 . He was 92 years old and admitted to hospital for treatment for prostrate cancer when this happened. Now can file case suit in the court for my share in the property by nullifying the settlement deed. As per my little knowledge in law the property of my father selfaquired and he has absolute right to gift it anyone he desires. Kindly advice on what are the options that I have to get my share of this property.
It depends on what the nature of the property was in the hands of your grand mother. Further we also need to see the terms of the settlement deed.
If it is in the nature of ancestral property, then you may have an opportunity to challenge the transfer.
If it is in the nature of ancestral property, then you may have an opportunity to challenge the transfer.
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You are right in stating that the property is the sole right of your father and that he has absolute rights over the same. The settlement deed shall stand valid until and unless you can file a suit in court and prove that at the time of registration of the settlement deed your father was no mentally fit.
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Adv. Ramakrishnan S.
Bangalore | 100+ Answers
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