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Giftdeed without taking probate, is it legal
10-Oct-2023 (In Property Law)
My grandmother died woth a will ehere she gave the entire property to my father and fathers next warison..but my father did nt take probate to the said will.he said that my grandmother died intasted with will and 3of his sister gift the total property to my father with a giftdeed.then my father gift his all property to my sister and told me to vacant my room..is it legaly transfered?
Your entire query is contradictory and fraught with inconsistencies.Please make sure your that you have a case to get legal remedy. The law relating to transfer of property is very stringent.Conditions laid down in the relevant statute have to be duly adhered to.Therefore, study documents available with you and contact lawRato for further instructions.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Sir
It is a complex matter. Your grandmother made a will during her lifetime and the same was not probated. Then 3 sisters gifted their parental property share to their brother (your father). At that time none had brought any objection. I think the the 'will' is an unregistered one.
It will be hard for you to prove your case as your father and his 3 sisters will not adduce any evidence in your favour.
Though you can challenge the gift deed at par with 'will' of the testator. The onus will be on your shoulder to prove that the will was prepared by your grandmother.
Thanks.
It is a complex matter. Your grandmother made a will during her lifetime and the same was not probated. Then 3 sisters gifted their parental property share to their brother (your father). At that time none had brought any objection. I think the the 'will' is an unregistered one.
It will be hard for you to prove your case as your father and his 3 sisters will not adduce any evidence in your favour.
Though you can challenge the gift deed at par with 'will' of the testator. The onus will be on your shoulder to prove that the will was prepared by your grandmother.
Thanks.
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Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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It is obsrved from the query that all the legal heirs of your grandmother gifted their respective share to your father. thus your father became lawful ownner who gifted to your sister. its a lawful transfer'
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Adv. Samiran Chakraborty
Kolkata | 25+ Answers
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