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Procedure to claim in ancestral property being gifted to him
15-Jan-2023 (In Property Law)
My grant-mother got 7 daughters(my aunties) and one son(my father) And, she had 5 acres of property in her name and after her demised, the entire property had been transferred to my father by patta in 1985. My father got 2 daughters and two sons. I am the eldest son and having one elder sister, one younger sister and one younger brother. My father gave me 1 acre(out of 5 acres) as a gift(thaana) settlement deed to me in 2006& constructed a house in that land using my income & by getting housing loan from SBI bank. At the time of executing gift(thaana) settlement deed, all my sisters & brother were major. After that, my father demised in 2012. I have three questions regarding above mentioned property. 1) Whether this settlement deed is valid for me? If yes, can I proceed the recovery of possession from my brother, as he & my younger sister are staying in that house? 2) Whether all my aunties have rights to ask property share(from the entire 5 acres) in the ancestral property?
Your settlement of deed is not valid because it was given by your father who was one among the joint heirs of your grand mothers property which was an inherited property. If all your fathers sisters agree for that transfer in favor of your father then at least he has the legal authority to execute a settlement deed in your favor.
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Adv. G. Asok
Chennai | 200+ Answers
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