Father made gift deed on the name of uncle of grandmother's share
24-Oct-2023 (In Property Law)
The Property was in the name of my Grandmother. She didn't will or gift her property during her life. My uncle filed a title suit & requested the court to settle the property in equal four parts. My father gifted his undefined 25% share to his younger brother via a registered deed during his life without our notice. Now the matter has been sought by the court after my father's death & we got to know that my father has got defined 25% share in the property. Now my uncle has came up to claim my father's share via gift deed. 1) Is the gift deed is valid as per the law as it was my grand mother property not my father's self made? 2) Does my father was having a right to gift his share to his brother as it was a ancestral property? 3) Do I have a right in the property as it was my grand mother property? 4) Can I challenge the gift deed? 5) Now what all are the options left with me to contest with my uncle in regards to get my share in the property
If your father gifted his share before the death of your grandmother, such a transfer shall be invalid as he could not have transferred what he still didn’t have a right over as he could only have inherited the property on the death of his mother. However, after the death of the mother, if he relinquished his right and gifted his share, it shall be legal. You can challenge the gift deed if you can establish that your father did not want to relinquish his right and the deed was made under duress.
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."